4th Amendment and the Patriot Act

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The rights guaranteed to United States citizens by the fourth amendment have come under attack in light of the September 11th terrorist attacks. Attorney General John Ashcroft has played a pivotal role in ushering in a new era of heightened security and lessened civil liberties. Under Ashcroft’s direction Congress has passed several pieces of legislation, namely the USA Patriot Act, which amends the Foreign Intelligence Surveillance Act. This new kind of legislation has broadened the government’s power over searches and seizures.

The wording of the fourth amendment is crucial to the dissection of the newly legislated powers of the government. “The right of the people to be secure…against unreasonable searches and seizures,” means that probable cause is required for a warrant to be issued. However, now under the USA Pa

Historically the rights granted to citizens by the fourth amendment were defended by the judicial branch. Legislation has moved to change this by limiting judicial oversight in the gathering of evidence. The fourth amendment clearly states that warrants are necessary for law enforcement officials to gather evidence. This played into the system of checks and balances by allowing the judicial branch to deny law enforcement officials the ability to search and seize evidence on a particular subject. The judicial branch was to keep law enforcement officials from abusing their powers. However, these acts have removed the judiciary from the equation, opening the doors for widespread abuse and denial of fourth amendment rights.

The Foreign Intelligence Surveillance Act also widens the use of wiretaps by law enforcement officials. Traditionally it was extremely difficult to obtain a wiretap because as stated in the fourth amendment, officials must prove to the court that there is “probable cause” to suspect criminal activity. In addition wiretaps almost always applied not to the person in question but to a location (e.g. a certain phone line). (American Civil Liberties Union: Section 215 FAQ) However, under the Act, law enforcement officials are now increasing the use of roving wiretaps. This type of wiretap applies to the person and allows officials to survey any phone or computer that the suspect is likely to use. Under FISA, a secret court in Washington authorizes intelligence on suspected foreign agents.

triot “probable cause” has lost much of the power it used to carry. Under the fourth amendment citizens and library patrons were protected, but by using the Patriot Act federal officials can now seize records by simply stating they are pertinent to an ongoing investigation into terrorism or espionage. FISA section 215 allows law enforcement officials to seize these records without disclosing what information for which they are looking. (Is the USA PATRIOT Act Really Patriotic?)

Some topics in this essay:
Patriot Act, Surveillance Act, Law Historically, John Ashcroft, United Constitution, Berger York, FAQ Act, Act Patriotic, USA Patriot, fourth amendment, law enforcement, enforcement officials, law enforcement officials, patriot act, Supreme Court, usa patriot, usa patriot act, searches seizures, judicial branch, unreasonable searches, allows law enforcement, surveillance act, intelligence surveillance, citizens fourth amendment, unreasonable searches seizures,