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Newton library forces FBI to get warrant to seize computers

A matter of principle -- and law -- made Newton Free Library's director, Kathy Glick-Weil, insist that FBI agents cool their heels in their pursuit of an alleged terrorist threat.

Glick-Weil said yesterday she had no choice but to prevent the FBI from seizing library computers last week, because they came without a search warrant.

The agents waited until a warrant arrived at 11:30 p.m. -- nearly nine hours after they arrived at the main branch on Homer Street -- before they seized three computers, Glick-Weil said. The agents said they had traced a threat of a terrorist attack against Brandeis University made earlier in the day on Jan. 18 to library publicly used computers.

''There is a state law, and we have our own policy on it," said Glick-Weil, who made the decision after consulting with Newton's mayor, David B. Cohen.

Waltham police said several buildings at Brandeis and a public elementary school were evacuated after university officials received an e-mail warning that there would be a terrorist attack at the Heller School for Social Policy and Management. A search of the buildings turned up no explosives, police said.

FBI agents and the library's staff traced the threatening message to a second floor lab. Officials would not say whether they could determine who was at the computer when the threat was made.

Gail Marcinkiewicz, Boston FBI spokeswoman, said yesterday that the bureau contends that the agents could have seized the computers without a warrant, under the legal theory that they were ''evidence of a crime in plain view."

But by the time a warrant became an issue, law enforcement officials had determined there was no imminent danger and decided to cooperate with Newton officials, Marcinkiewicz said. She said no arrests had been made as of yesterday afternoon.

The American Civil Liberties Union of Massachusetts praised the library staff yesterday for demanding the warrant. 

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