"On May 11, 2004, Steve Kurtz's wife of 20 years, Hope, died of heart failure in their home in Buffalo. Kurtz called 911. Buffalo Police who responded along with emergency workers, apparently sensitized to 'War on Terror' rhetoric, became alarmed by the presence of art materials in their home which had been displayed in museums and galleries throughout Europe and North America. Convinced that these materials - which consisted of several petri dishes containing harmless forms of bacteria, and scientific equipment for testing genetically altered food - were the work of a terrorist, the police called the FBI.

The next day, as Kurtz was on his way to the funeral home, he was illegally detained by agents from the FBI and Joint Terrorism Task Force, who informed him he was being investigated for "bioterrorism." At no point during the 22 hours Kurtz was held and questioned did the agents Mirandize him or inform him he could leave. Meanwhile, agents from numerous federal law enforcement agencies - including five regional branches of the FBI, the Joint Terrorism Task Force, Homeland Security, the Department of Defense, and the Buffalo Police, Fire Department, and state Marshall's office - descended on Kurtz's home in Hazmat suits. Cordoning off half a block around his home, they seized his cat, car, computers, manuscripts, books, equipment, and even his wife's body from the county coroner for further analysis. The Erie County Health Department condemned his house as a possible "health risk." "

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