Relaxation of the Fourth Amendment
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Relaxation of the Fourth Amendment
September 11, 2001 was a dark day in United States history. After this tragic terrorist attack the United States Government decided to enhance their security policies. They implemented several new polices such polices as the Patriot Act, NSA secret wiretapping, and gave more power to federal police when detaining suspected terrorist. After September 11th it was necessary to heighten the level of security to protect United States Citizens. By making these new implementations so broad and hard to understand the government violated many U.S citizens rights given to them by the Fourth Amendment to the Constitution. Although there are national security considerations to look at it does not justify the considerable amount of relaxation of our Fourth Amendment rights.
The Patriot Act dramatically reduced restrictions on law enforcement agencies ability to search telephones, email communications, financial records, medical records, and other records. As the act is written it goes far beyond its justification of terrorism prevention. In the case against Sami Omar Al-Hussyen to get around the Fourth Amendment requirements the government turned to the Foreign Intelligence Surveillance Court which is conducted in secret under the Patriot Act. They were granted a government request for all of Al-Hussayens (a U.S. citizen) personal information his emails, phone lines, and he and his wife were followed. Al-Hussayen was later acquitted of all charges of acts of terrorism. Later it was said by the judge in the case that the FBI not only violated Al-Hussayens rights but also that the Patriot Act was unconstitutional.
NSA wiretapping article II of the constitution gives the president all necessary authority to protect the nation from further attacks. The president has the power to conduct secret surveillance and indefinite detention for the conduct of foreign affairs. President Bush has stated that “communication intelligence is an essential part of waging war that must be included in any natural reading of the authorization of military force. Engaging in warrantless surveillance and indefinite detention is a common and critical practice for wartime situations”. Surveillance is an important fact of warfare but does not constitute the use of military force. Holding a prisoner accused of being a terrorist without counsel is a direct violation of the Fourth Amendment Hamdi v. Rumsfeld 2001 The Bush administration held Hamdi without counsel and claimed him to be a enemy combatant and even though he was a U.S citizen he had no rights because he was suspected of being a terrorist. The Bush administration went around the system and his rights to get the outcome that they wanted.
The powers given to federal police and other investigating agencies in cases where terrorist are involved for several decades have been