Helena City Attorney David Nielsen says the USA Patriot Act doesn't tie police officers' hands, but they are bound in other ways.

In a memo to Helena city commissioners, Nielsen wrote that the Helena Police Department protects individual rights because they adhere principally to Montana — not federal — laws. Last month the commission directed Nielsen to examine a proposed resolution opposing portions of the controversial Patriot Act.

The proposed "Resolution for a Free and Safe Helena" drafted by the Helena Patriot Committee asks police not to enforce federal immigration laws; not to engage in secret "sneak and peek" searches; not to base investigations on race, religion or ethnicity; and not to encourage neighbors to spy on each other.

Nielsen wrote that police officers don't enforce federal immigration laws, but do report illegal immigrants to the Immigration and Naturalization Service.

Officers also carry out federal arrest warrants, use video surveillance, and are present during federal searches to keep the peace. Police also promotes Crime Stoppers and neighborhood watch programs.

The proposed resolution also asks the city manager to track and report ongoing federal, anti-terrorism investigations.

Nielsen wrote that the city manager wouldn't know if such an operation was under way unless the Helena Police Department was involved.

Commissioners will renew discussions on the resolution today at 4 p.m. in Room 326 of the City-County Building, 316 N. Park Ave.