PATRIOT Act amends criminal procedure?

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Historically, the Supreme Court has empowered itself to make and amend the rules of court procedure. Now Congress seeks to override that tradition and amend Criminal Rule 41(a) to allow single jurisdiction search warrant for terrorism. A federal magistrate could authorize searches “outside the district.” Presumably, this open-ended clause could extend even beyond our borders. Federal jurisdiction, once limited to constitutionally acquired federal property, takes another leap and bound under this proposed act.


The DNA Analysis Backlog Act (42 USC 14135a(d)(1)) will be phone number list amended to include any Federal terrorism offense. Who ever heard of a DNA Analysis Backlog Act?

Extension of jurisdiction

The PATRIOT Act would create even more extraterritorial federal jurisdiction. Well beyond any island, rock or key containing deposits of guano (see 18 USC 7(4)), extraterritorial federal jurisdiction would now include any national of the U. S. who committed or was the victim of terrorism. Jurisdiction would also be extended if the terrorism offense involves a foreign ATM device that is connected to a U. S. account.


The bill would also allow the seizure of terrorist assets. Rewards paid by the Attorney General for the capture of terrorists would now be unlimited. State Department may pay up to a $25 million award for the capture of terrorists. “It is the sense of Congress that the Secretary of State should...offer a reward of $25,000,000 for Osama bin Laden and other leaders of the September 11, 2001 attack on the United States.”