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4th Amendment and the Patriot Act

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.


Essays Related to 4th Amendment and the Patriot Act

1. Patriot Act

This law is called the USA Patriot Act, and it must be repealed. By examining precisely certain provisions of the USA Patriot Act, it will be revealed how this Act alone intrusively stomps on our natural rights, how it specifically stomps on Amendments in the Bill of Rights, all in the name of possible potential security. ... Secondly, the 4th Amendment states: "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 ." ... It's ironic to a...

  • Word Count: 481
  • Approx Pages: 2
  • Grade Level: Undergraduate

2. Patriot Act

USA Patriot is an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism"--an elaborate acronym for a lengthy document (the Patriot Act is nearly 350+ pages long). ... Title II of the Patriot Act outlines this in it's policy on enhanced surveillance procedures. ... Another concern, and possibly the most important, is the bill's compliance, or lack thereof with the 4th Amendment. The 4th Amendment defends an individual's rights to privacy against unlawful tactics such as those in the Patriot Act. ... The 87 page ...

  • Word Count: 835
  • Approx Pages: 3
  • Grade Level: Undergraduate

3. Section 215 patriot act

Section 215 What do you think about when you hear the two words Patriot Act? ... The Patriot Act was passed by congress so that government officials would be able to pursue terrorists more easily . ... This section of the Patriot Act amends the Foreign Intelligence Surveillance Act of 1978. ... It sounds a lot alike the provision in the Patriot Act and basically is. ... (Goldstein online) The Department of Justice says that section 215 does not break the 4th Amendment because the person issuing the search warrant is doing it under probable cause . ...

  • Word Count: 990
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: High School

4. Against The Patriot Act

USA Patriot is an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism"--an elaborate acronym for a lengthy document (the Patriot Act is nearly 350+ pages long). ... Title II of the Patriot Act outlines this in it's policy on enhanced surveillance procedures. ... Another concern, and possibly the most important, is the bill's compliance, or lack thereof with the 4th Amendment. The 4th Amendment defends an individual's rights to privacy against unlawful tactics such as those in the Patriot Act. ... The 87 page ...

  • Word Count: 831
  • Approx Pages: 3
  • Has Bibliography
  • Grade Level: Undergraduate

5. USA Patriot Act: Right or Wrong

Patriot Act argue that the Act gives to mush power to the executive branch of the government, therefore violating the U.S. ... The bill allows "Sneak and Peak- searches violating the 4th Amendment. ... The author feels that most peoples problems with the Patriot act are from ignorance. ... The Patriot Act simply codified legal authorities that have existed for years. ... Patriot Act before I started this paper. ...

  • Word Count: 831
  • Approx Pages: 3
  • Has Bibliography
  • Grade Level: High School

6. The NSA: No Self-Advocacy

The 4th Amendment was enacted to secure the right to privacy for American citizens. ... The Patriot Act "allows investigators to use the tools that were already available to investigate organized crime and drug trafficking" ("What Is the USA Patriot Web."). This act allows the government to bend the rules of the 4th Amendment to ensure the safety of citizens; giving power to the government that can be abused. ... This is possible for the NSA because they have their interpretation of the Patriot Act and the 4th Amendment, which was allowed by the Foreign Intelligence Surveillance Cour...

  • Word Count: 1914
  • Approx Pages: 8
  • Has Bibliography
  • Grade Level: Undergraduate

7. Tenth Amendment

It is a vacuous amendment with no substance. ... The Tenth Amendment is one of the most broadly defined and interpreted amendments. ... Therefore, the status of the Tenth Amendment is never a very stable position. ... The reserved powers proposal (originally the Twelfth Amendment) became the Tenth Amendment when the first two proposed amendments failed to garner enough votes in the state ratification process. ... By defining to whom powers not delegated are reserved, the Tenth Amendment provides an express federalism marker and connects the amendment with constitutional and political fed...

  • Word Count: 5600
  • Approx Pages: 22
  • Has Bibliography
  • Grade Level: Undergraduate

8. Probable Cause, Search And Seizure

The fourth amendment to the United States Constitution is an important addition that guarantees" our right to be free from unreasonable search and seizure. ... This amendment continues to produce controversy and remains debated in our society today. ... Carrington case, the Supreme Court of England defined the scope of a search within listed items on the search warrant connected to criminal activity, requiring probable cause (Fourth Amendment, http://findlaw.com, 2003). Colonial America played a significant role in the reasoning and shaping for the fourth amendment. ... The Fourth Amendment d...

  • Word Count: 2671
  • Approx Pages: 11
  • Has Bibliography
  • Grade Level: Undergraduate

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