I have made a Automator Action that allows you to use your smart folders in Automator workflows. It's written in Cocoa and relies on Spotlight and it's notification features.
You can download the Automator Action installer here, and you can see an example of how to use it here.
[kirkmc adds: After you install this Automator action, it displays in the Finder library as Get Smart Folder Contents. Its popup menu picks up any smart folders you have stored in your Saved Searches folder (~/Library/Saved Searches), or, if you select New, opens a Finder window ready for you to create a new smart folder.]
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