Quote:
Originally posted by Mmmm, Burger (C.J.)
As I understand it, the FISA court of appeals said there was no reason for the wall even before the Patriot Act. That ruling won't really be challengeable until the first time evidence gathered through a FISA warrant/tap is used against someone in a criminal prosecution, and they challenge it under the 4th amendment. And that assumes they'll ever know, since it's like to be hard to show the fruit came from a poisoned tree.
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I posted a link to the actual opinion. What you are referring to was dicta, not a ruling. The court's ruling applies only to FISA as amended by the Patriot Act, because this was the issue before the court. Anything the court said about FISA pre-Patriot Act was dicta.
The Patriot Act has sunset provisions in it and there are numerous bills in congress seeking to weaken the Patriot Act.
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