Oregon Public Broadcasting

The federal government asked the Ninth Circuit Court of Appeals Thursday, to find that controversial parts of the USA Patriot Act are constitutional. Kristian Foden-Vencil reports.

The case revolves around Brandon Mayfield, a Portland attorney who was mistakenly accused of helping bomb trains in Madrid in 2004.

His house and business were searched without a warrant.

District Court Judge, Ann Aiken, ruled 18 months ago that the warrantless search was unconstitutional. In summary, she said the government can't spy on a U.S. citizen just because there's a "foreign intelligence" aspect to the case.

Mayfield's attorney, Elden Rosenthal, echoed that 4th amendment argument in court and outside.

Elden Rosenthal: "It's as reasonable today as it was in the 18th century when we were worried about the King of England marching into our houses and looking around. Whether it's the King of England or the President of the United States. It doesn't matter."

Government lawyer, Scott MacIntosh, argued the government needs warrantless searches because it can't know the scale of a "foreign intelligence" issue, before first investigating.