The Security Of The Usa Patriot Act

815 Words Dec 17th, 2016 4 Pages
Although the main concern of this case had to do with Computin and protecting national security, Shelton can also technically be charged for possessing marijuana since it is illegal under federal law. However, it is important to look at how the FBI kept surveillance on him and the questionable manner in which they entered and searched his apartment. Shelton does have substantial grounds on which he can move to suppress the evidence of marijuana against him; however, there is no guarantee that he will be successful in court.

Firstly, he could look at the faulty affidavit used to get the “sneak-and-peek” warrant against him. Since the warrant obtained to search his apartment were based on untrue grounds, he can claim that the FBI had no right to enter his apartment under false pretenses. Moreover, he can also look at the nature of “sneak-and-peek” warrants, which allows for the delayed notice of the execution of a warrant under the USA Patriot Act that was implemented in light of the 9/11 terrorist attacks. Was the information that he was harboring so important that the FBI could use a false affidavit and delay the notification of a warrant in order to search his home? If the answer is no, then Shelton has grounds that the FBI should not have been able to search him in the first place. If the answer is yes, then Shelton can also argue that the FBI had already gained information that they needed through the handwritten notes between him and Holmgren. Under normal search…

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