U.S. Government Acknowledges Using "Sneak and Peek" Provision of Patriot Act Against Wrongly Jailed Lawyer Portland man was wrongly jailed in Madrid bombing case Associated Press | March 30, 2005 BY RUKMINI CALLIMACHI PORTLAND -- FBI agents used provisions of the USA Patriot Act during their investigation last year of a Portland attorney who was wrongly jailed for two weeks on suspicion of involvement in the Madrid train bombings, according to a Justice Department letter. The Patriot Act allows for covert searches of homes without conventional search warrants. RELATED:FBI Statement on Brandon Mayfield Case A Multitude of Errors: The Brandon Mayfield Case Brandon Mayfield was jailed in May after his fingerprint incorrectly was matched to one found on a bag of detonators near the scene of the Madrid attack, which killed 191 people. He was released after the FBI admitted its mistake. Mayfield, a Muslim convert, has filed a lawsuit against the U.S. government, contending that his rights were violated by his arrest and by the investigation against him. He also contends that the Patriot Act is unconstitutional. While preparing the case, Mayfield's attorneys sent a letter to the Justice Department in February seeking an order compelling the U.S. attorney general to inform Mayfield about any electronic surveillance that was conducted during the investigation and any secret searches. In response, the Justice Department sent a letter acknowledging that FBI agents searched Mayfield's house. The letter provides new details about the investigation, stating that agents seized three hard drives, took 10 DNA samples and took 335 digital photographs of items in his home. In court papers filed Tuesday in U.S. District Court in Portland, Mayfield's attorneys called for the government to disclose more details. The attorneys are seeking information about how the DNA samples were analyzed and where wiretaps were placed, copies of transcripts and information about the photographs. Michael Greenberger, a former Justice Department official in charge of counterterrorism, said he thinks the letter is the first time the U.S. government has acknowledged using the so-called "sneak and peek" provision of the Patriot Act.
