The Usa Patriot Act
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The USA PATRIOT Act
The United States of America is a country that is based upon a principle of balancing the rights of an individual, while still preserving public order. The U.S. Constitution (specifically the Bill of Rights) guarantees every American certain Individual rights. Some of these rights include; freedom from unreasonable search and seizures, a right to due process of law, and protection against cruel and unusual punishment (The 4th, 5th and 8th Amendments). Historically the criminal justice system has preserved these rights of peopled accused of crimes. However on September 11, 2001, the United States became the victim of the largest terrorist attack the World has ever seen. According to Schmalleger in 2003, that attack cost almost three thousand people their lives, and an estimated two trillion dollars in damages. However since September 11 2001, several critics have claimed that the United States of America no longer protects these rights. They argue that the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, violates the rights of suspected terrorists, and those of every single American. Supporters of the USA PATRIOT Act argue that the bill has been vital in arresting suspected terrorists, and it has helped deter future terrorist attacks.
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ACT of 2001, was signed into law on
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October 26, 2001, shortly after the September 11th attacks. The act was passed in a direct response to the attacks, as a way for Law Enforcement to combat and deter terrorism. Schmalleger (2003) on page 8 summarizes the USA PATRIOT ACT. “A federal law (Public Law 107-56) enacted in response to terrorist attacks on the World Trade Center and the Pentagon occurring on September 11, 2001. The Law, officially titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, substantially broadens the investigative authority of Law enforcements agencies throughout America and is applicable to many crimes other than terrorism.”
Shmalleger (2003) in pages 300-301 further listed specific sections of the act that law enforcement can use to investigate terrorist activities. “Title II-Enhanced Surveillance Procedures Sec. 203. Authority to share Criminal Investigative Information. (b) Authority to share electronic, wire, and oral interception information. (6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived there from, may disclose such contents to any other Federal Law Enforcement , intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence information, to assist the official who is to receive that information in the performance of his duties.” This allows for a better sharing of information among the different division of federal, state and local law enforcement nationwide. In a large scale criminal investigation, proper communication and information sharing is vital. This act
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has allowed information to be disseminated to law enforcement agencies throughout the country, so they can effectively work together towards the goal of arresting terrorists, and preventing another terrorist attack. Another section of the USA PATRIOT ACT that Schmalleger (2003) quotes is Sec. 213. Authority for Delaying notice of the Execution of a Warrant. “With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be given may be delayed if (1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. (2) The warrant prohibits the seizure of any tangible property, any wire or electronic communication, or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure ;and (3) the warrant provides the giving of such notice within a reasonable period of its execution.”
This section of the USA PATRIOT Act is a very important tool for investigations suspected terrorist activities. When a law enforcement officer investigating terrorist activity obtains the probable cause necessary for a search warrant, and is granted a search warrant by the courts, the officer can execute the search with out having to give notification of the warrant. This act also says that the officer does not have to immediately leave a return of warrant, if the structure being searched is vacant. This would allow the officer to perform surveillance on the area that was already searched, for a reasonable amount of time, for evidence of further terrorist activity. This also allows
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for evidence of terrorist activity to be collected, without letting the suspected terrorists know that they are being investigated. However the USA PATRIOT act does say that notification of the search warrant must be made within a reasonable time, as determined by the court. Section 219 of the USA PATRIOT Act also grants a Federal Magistrate judge in any district the authority to grant a search warrant for suspected terrorist activities for the district the serve, or any other district.
Schmalleger (2003) on page 301 also quotes section 216 of the USA PATRIOT Act, which authorizes the use of pen registers and trap and trace devices, in investigating criminal activity. “(1) Attorney for the government. Upon an application made under section 3122 (a)(1), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.” This section of