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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. Section 215 patriot act

... alike the provision in the Patriot Act and basically is. Section 215 of the Patriot Act allows the director of the FBI to . . .make an application for an order requiring the production of any tangible things including books, records, papers, documents, and other items for an investigation to protect against international terrorism provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment of the ... , shall not be violated , and no warrants shall issue , but upon probable cause , supported by oath or a...

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

2. The NSA: No Self-Advocacy

... over the country. The NSA is the National Security Agency, responsible for overlooking the information of American citizens. The NSA can access a national data warehouse containing information about everyone who lives in the United States. 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 Court. The NSA takes advantage of how the Patriot Act and the 4th Amendment have not caught up to the new and rapidly ... growing advancements of technology. This shows that the NSA is...

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

3. Patriot Act

... place. This is also known as the "sneak and peak" provision, which is outlined in Section 213 of the bill ("authority for delaying notice of the execution of a warrant). 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. It 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...

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

4. Against The Patriot Act

... place. This is also known as the "sneak and peak" provision, which is outlined in Section 213 of the bill ("authority for delaying notice of the execution of a warrant). 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. It 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...

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

5. Patriot Act

... to human life. So by practicing our 1st Amendment rights, could we be breaking the law as "domestic terrorists"? 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 ." But under Section 216 of the Act, judges are now required to issue blank warrants ... even enter our homes with so-called "sneak and peak warrants." Thirdly, the 8th Amendment states: "Cruel and unusual punishments [shall not be] inflic...

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

6. Probable Cause, Search And Seizure

... of force (Albanese, 2001). After the September 11th attacks, the issue of probable cause and privacy has come under great remodeling by our government. Since terrorists operate very secretly, the government felt it was necessary to combat terrorism by removing some checks and balances from the procedure and to alter surveillance and search laws. They did this by creating the USA Patriot Act. This new act eliminates the 4th Amendment probable cause requirement for all ... federal investigations, searches and wiretaps can be done without probable cause but simply purpose, jurisdiction is ...

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

7. USA Patriot Act: Right or Wrong

... by detaining individuals without formal charges, and detaining them indefinitely, under the definition of Domestic Terrorism this violates their rights guaranteed under the Bill Of Rights. Another group, CDT.ORG, feels that The executive branch has no accountability for their actions and allows them to infringe on the rights of citizens at their discretion. The bill allows "Sneak and Peak- searches violating the 4th Amendment. The government is allowed virtually unlimited access ... for years. The Patriot Act no more invented the sneak-and-peek warrant than it invented the "arrest."- He...

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

8. Tenth Amendment

... issue that generally raises little to no conflict between the state and federal governments: war and the military. Following the attacks made upon the World Trade Center and the Pentagon on September 11, 2001, Congress has passed the U.S.A. Patriot Act, better known as the Anti-Terrorism Act (ATA). This act grants to federal agencies, namely the FBI and the CIA, extra powers to investigate, interrogate, and generally do what is necessary in order to curtail any terrorist activities ... have already been committing immense amounts of money to support the Reserve troops - stationed in the...

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

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