Give them fair warning?

The government is supposed to tell suspected terrorists that they're searching their property and papers? Doesn't this judge think that might be a bit out of line of what the Constitution intended? The Fourth Amendment prohibited "unwarranted searches and seizures". There's nothing in there that requires that the person searched be notified prior to the search, just that it be legitimate and warranted. I can understand that if we're looking at American citizens we need a court of some sort (FISA or whatever) to review the search warrant. I'm completely on board with that. However, if we're informing terrorists that we're investigating them, that could definitely inhibit the investigation. I don't see any need to notify them of the search until the investigation is complete.

Federal judge rules 2 Patriot Act provisions unconstitutional
CNN

A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.

"It is critical that we, as a democratic nation, pay close attention to traditional Fourth Amendment principles," wrote Judge Ann Aiken of the U.S. District Court for the District of Oregon in her 44-page decision. "The Fourth Amendment has served this nation well for 220 years, through many other perils."

The Foreign Intelligence Surveillance Court of Review, set up to review wiretap applications in intelligence cases under the Foreign Intelligence Surveillance Act, or FISA, "holds that the Constitution need not control the conduct of criminal surveillance in the United States," Aiken wrote.

"In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate."