Even though Congress approved the USA Patriot Act, it was a very rushed passage and many members were not even able to read the full text of the Act. However, with the heightened secrecy there is no opportunity for public dissection of the "goings on" of the government. Without the ability to see what law enforcement officials are doing, there is little way for the public to guard themselves from "unreasonable" searches and seizures. There is no way to determine whether or not officials are abusing their power.
Under the Patriot Act libraries are subjected to a "gag order," meaning that they cannot inform patrons if they are under investigation or if the FBI has requested their personal records. It is illegal under the Act for librarians to inform patrons of FBI requests. Law enforcement official could abuse their power of search and seizure and the public would never know. In a survey done in December of 2001, 10% of libraries serving populations of over 5,000 reported receiving requests from the FBI. This proves that the FBI is in fact exercising its newfound powers; however, it is impossible to tell if they are in violation of the fourth amendment. (Library Records Post-Patriot Act (Federal Law)).
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.