The Patriot Act: The National Security Agency (NSA)

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

Congress ushered in the Patriot Act by arming law enforcement with new tools to detect and prevent terrorism by expanding federal officials’ powers to keep tabs on our personal information, from credit card use to cell phone calls to car travel. It allows investigators to use the tools that were

(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived there from, may disclose such contents to any other Federal Law Enforcement , intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence information, to assist the official who is to receive that information in the performance of his duties.? This allows for a better sharing of information among the different division of federal, state and local law enforcement nationwide. In a large scale criminal investigation, proper communication and information sharing is vital. This act has allowed information to be disseminated to law enforcement agencies throughout the country, so they can effectively work together towards the goal of arresting terrorists, and preventing another terrorist attack. Another section of the USA PATRIOT ACT that Schmalleger (2003) quotes is Sec. 213. Authority for Delaying notice of the Execution of a Warrant. ?With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required,

The USA Patriot Act grants government agencies powers in terrorism investigations that it already uses in non-terrorist crimes. Several law abiding citizens have been approached, questioned, and interrogated without probable cause of any criminal activity, basically for engaging in political speech protected by the constitution (Bailie, 2012). The Act freely eliminates privacy rights for individual Americans, it creates more secrecy for government activities, which make it extremely difficult to know about actions the Government are taking.

Although not every aspect of The USA PATRIOT ACT is radical, section 215 in The USA PATRIOT Act is one of the more critically addressed problems of this already controversial piece of legislation. Probably because most sane individuals would not like the government walking into a library or book store and ask for a list of anyone who purchased a book that may or not be considered radical enough to be flagged as possible terrorist activity. Summarized best by Dahlia Lithwick, “Section 215 modifies the rules on records searches. Post-Patriot Act, third-party holders of your financial, library, travel, video rental, phone, medical, church, synagogue, and mosque records can be searched without your knowledge or consent, providing the government says it's trying to protect against terrorism.” (Lithwick part 1) This raises concern that the government may cry wolf (terrorism) to circumvent the Bill of Rights for any investigation it so desired. John Ashcroft, as quoted by an unnamed CNN writer, said "If we ever make an inquiry about any kind of record or business record, it has the judicial supervision, so that a federal judge would look carefully and simply not allow it if it were not a part of a case that merited the involvement of the authorities." (CNN 1) It would seem that the term privacy never evolved alongside technology, allowing even greater

With good intentions, the Patriot Act allows the government to pry into Americans' lives through computer and phone records as well as credit and banking history (Source 5). This oversteps the U.S. Constitution as the First and Fourth Amendment were created to give citizens freedom and the right to deny search and seizure

The terrorist attacks of September 11, 2001 devastated the United States people. As they mourned over the deaths caused by the destruction of the World Trade Center in New York City, Americans began looking for a way to prevent anything like this from happening again. Consequently, an act known as the USA PATRIOT act was passed by Congress. This act opened up many doors previously closed to law enforcement and intelligence agencies. With these new opportunities available to them, they have the capability to obtain information about specific individuals believed to be involved in terrorist activities and organizations. Very beneficial to the United States, the Patriot Act provides easier access for different government law enforcement agencies to share information, allows government agencies investigative tools that non-terrorist crimes already use, and helps to dismantle the terrorist financial network. Although many people claim that the Patriot Act violates the United States Constitution and the freedoms of the American people, it contains many elaborate safeguards to fight against such abuse.

Constitution. Along with this expansion of surveillance powers is the "sneak and peek provision" (The USA-PATRIOT Act and the American response to terror; panel discussion, 2002). During a discussion panel in 2002, David E. Suchar discussed this provision stating the "sneak and peek provision, which allows the government to conduct secret searches of anyone, including citizens, without notifying the person that they have a search warrant and that the search is authorized". Suchar further stated this provision is "a very broad standard that probably could be met in a tremendous number of cases and not limited to fighting terrorism in any way, shape, or form" (The USA-PATRIOT Act and the American response to terror; panel discussion, 2002, para. 18). From a civil liberties perspective, the surveillance expansion provisions within the Patriot Act are troubling when considering the possibility of abuse, and the trouncing of fourth amendment rights.

The Patriot Act was signed into law on October 26, 2001 by President George W. Bush. The act expanded the surveillance capability of both domestic law enforcement and international intelligence agencies. When this law was passed it was under the assumption “to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (The USA Patriot). The Patriot Act has given the government the power to spy on the average American through monitoring phone records and calls, gaining banking and credit information, and even track a person’s internet activity. This is an unbelievable amount of power intelligence agencies wield all under the umbrella of national security. This power has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the

A. Thesis: The Patriot Act is violating American’s right to privacy. Mainly, the right to hold a private phone conversation.

Opening, The Patriot Act provides an easy excuse for governmental individuals to intrude on citizens' privacy. As "The USA PATRIOT Act: Preserving Life and Liberty," expresses, "Examining business records often provides the key that investigators are looking for to solve a wide range of crimes. Investigators might seek select records from hardware stores or chemical plants, for example, to find out who bought materials to make a bomb, or bank records to see who's sending money to terrorists. Law enforcement authorities have always been able to obtain business records in criminal cases through grand jury subpoenas, and continue to do so in national security cases where appropriate." The previous excerpt justifies the claim that the act is a

All this power allows agencies like the FBI to wiretap cell phones, look at medical records, see internet search histories, as well as "any tangible thing. " Many critics argue that the collection of all this information can be done secretly and with very little oversight. The Patriot acts also allows for the detention of any persons even non U.S citizens without probable

The fourth amendment was inherent based on a long correlation concerning the right to be free from unreasonable search and seizure. The protection, that it brought was a warrant based on probable cause. Which has caused for the Supreme Court to permit countless forms of under the administrative justification. The actions that are considered include (1) inventories, (2) inspections, (3) checkpoints, (4) school discipline, (5) “searches” of government employees’ offices, (6) drug and alcohol testing, and (7) parole and probation

For example, the Patriot Act has a judicially authorized “sneak and peek” provision that allows law enforcement agencies to perform a search but delay notification for a period of up to three months (para. 2).

The Patriot Act passed after the 2001 9/11 Terror Attacks is in direct violation of several amendments, this being one of them, as it allows the government to spy on you directly or indirectly at any given time in nearly any way they wish.