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Fourth Amendment Violations
The US Patriot Act: Violations of the 4th Amendment
The US Patriot Act was a very controversial act that was created after the events of September 11, 2011. Although many sanctions under the US Patriot
Act grossly violated the fourth amendment in several ways, congress felt it was necessary to protect the nation. Sections that violated the fourth
amendment are: the sneak and peek warrants included in section 213, roving/warrantless wiretapping of section 206, and finally trap and trace searches
of section 214. These are just a few of the many violations I can account for. The Fourth Amendment is part of the Bill of Rights that was added to the
Constitution in 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a
warrant or probable cause. Are we truly willing to override the Constitution in the name of national security? ... Show more content on Helpwriting.net
...
In 2007, a District Judge found such warrants to be unconstitutional. However, the government appealed this ruling, and these warrants remain concerns
for many citizens today. This gives law enforcement officials too much power with very few limitations or oversight. With the state of our countries
race relations and the ongoing utilization of profiling amongst law enforcement, tensions amongst citizens and law enforcement are on a continued rise.
Roving/warrantless wiretapping, Section 206 enabled the Department of Homeland Security and other law enforcement agencies to easily obtain
records on individuals without their knowledge. Roving wiretaps have long been used in criminal cases to allow law enforcement to follow a target
across multiple telephone or internet accounts when there's reason to believe the suspect is frequently changing lines to frustrate
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Patriot Act Outline
General Purpose:To persuade the audience to take a side on the Patriot Act
Specific Purpose:To display why the Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism) is unconstitutional and not something the citizens should allow to be part of the US Law.
I. Attention Getter:Between 2003 and 2006, the FBI issued 192,499 National Security Letters which led to 1 terror–related conviction. This fact comes
from
"A Review of the FBI's Use of National Security Letters" by the Office of the Inspector General.
II. Thesis Statement/Argument: The Patriot Act is an unconstitutional act that violates basic rights found in the Constitution by limiting the freedom of
speech, imposing ... Show more content on Helpwriting.net ...
Limiting Freedom of Speech
Support: When contacted by FBI with a NSL( National Security Letter) and asked for information, you are then placed under a gag order. This means
that you are forbidden from telling anyone that the FBI has approached you and asked for this information on a person.
Example: An email provider is contacted by the government to hand over emails from someone they are looking into, they are not allowed to release
to the public this has occurred.
Support: The investigators have the ability to monitor any political or religious group without necessary cause.
Support: This can cause people to be afraid to speak up, or speak out against something, because anything no matter how private can be found.
Main Point II. Improper Search and Seizure
Support: Investigators may search houses, offices, papers, files, etc and seize any information found without probable cause. (Because of the NSL)
Example: "According to an analysis by the Electronic Frontier Foundation (EFF), out of the 11,129 reported uses of the Sneak and Peek Warrant tactic
in 2013, only 51 cases (.5 percent) involved suspected terrorism. The overwhelming majority (9,401 cases) were used for narcotics investigations."
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The Importance Of Civil Liberties
I believe that the abuse of power by the state is a greater threat to the American people today, than terrorist actions by a small number of people, which
is why I chose a quote from Eleanor Roosevelt.
All of us in this country give lip service to the ideals set forth in the Bill of Rights and emphasized by every additional amendment, and yet when war
is stirring in the world, many of us are ready to curtail our civil liberties. We do not stop to think that curtailing these liberties may in the end bring us
greater danger than the danger we are trying to avert. – Eleanor Roosevelt I believe that by giving up our civil liberties we are allowing our government
to invade our privacy, judge us for our religious beliefs and tell us what we are
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USA Patriot Act Analysis
The terrorist attack on the World Trade Center was the single most devastating terrorist attack in this country and, indeed, the world, with more than
3,000 deaths. (Pollock, 2014, p.403). The terrorist attack on September 11th, 2001 was a wakeup call for local law enforcement and the United States.
This resulted in an increase of law enforcement officials and change of missions for local law enforcement, federal law enforcement; the creation of the
Department of Homeland Security(DHS).
The Congressional Act from this attack was the signing of the United States of America Patriot Act into law October 26, 2001. TheUSA Patriot Act
"gives federal officials greater authority to track and intercept communications, both for law enforcement and
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The Controversy On Government Surveillance
The controversy on government surveillance is very controversial. Should the government have unlimited access to citizen's personal information,
conversations, and text in order to protect the country? Or should the government have more of a laissez–faire–type role in citizen's private lifestyles?
Across the world, there are different approaches on the government's surveillance on people. Iceland's policies are the least intrusive in the world, with
almost no surveillance and laws protecting the people's freedom of speech. On the other end of the spectrum is China, which is in the process of
creating a constant surveillance system of all its citizens. Somewhere in the middle of this scale is the United States of America. Influences by other ...
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Currently they are working on a project for a nation–wide facial recognition system that will be done by 2020. Connecting a person's history, personal
info, and family, all to their face. China also has a five year plan that will have 100% surveillance and a master database consisting of all databases
in the country. When this is complete, the government will be able to watch and identify any citizen in their country. This idea was derived from a
communist party slogan by Mao Zedong, "The masses have sharp eyes". Their premise of the slogan was that the government relied on people to
keep an eye and ear on their neighbors and report anything wrong that they see. Now, instead of neighbors keeping an eye on others, public
surveillance cameras will be on every street and cameras installed in smart devices such as phones and tvs. People are required to download certain
apps that will scan photos, videos, audio files, ebooks, and other documents. With constant surveillance, are citizens free? Everything they say, do, and
text is being recorded by the government. With constant watch, the government had decided to create a "social credit". This rewards those who follow
the rules, and punishes those who don't. Even crimes such as smoking on public transport, causing trouble on flights, jaywalking, or spreading
incorrect news on the internet could lower a person's score. Law enforcers were given the
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Research Paper On Patriot Act
The USA Patriot Act
Professor Jonathan Epstein HIS 352
Here are two article abstracts that I used to assist me in writing my paper regarding our USA Patriot act that we know have implemented throughout
our nation today. My purpose is to show how, we the American people are affected by this bill. Through out my paper I will also provide the function
of the Patriot Act throughout legislation as well as citizens. Along with providing historical background as to how the patriot act came about.
According to the Article "Big Brother At The Door: Balancing National Security with Privacy under The U.S.A Patriot Act." Written by Patricia Mell,
Published by Denver University Law Review. 2002, Vol. 80 Issue 2, p375–427. 53p. United States Constitution ... Show more content on
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The purpose of roving wiretaps is to maintain the monitoring of a target no matter what. For example "if a target attempts to defeat surveillance by
throwing away a phone and acquiring a new one, by moving, or by any other methods, another surveillance order would usually need to be applied
for. However, a "roving" wiretap follows the target, and defeats the target's attempts at breaking the surveillance by changing location or their
communications technology[footnoteRef:14]". In which I must say I do agree with roving wiretaps only for targets that actually do pose a threat to
society. I actually feel it is also a more sufficient form or security and swift when used properly. But in order for this to be legally administered title 3
of the Patriot Act had to be amended. The amendments made were to the Omnibus Crime Control and safe Streets Act of 1968 (the "Wiretap Statute")
in 1988 by Electronic Communication Privacy act. [14:
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America Needs the Patriot Act Essay example
Is the Patriot Act Unconstitutional? The Patriot Act was introduced in 2001 after the September 11 attacks. The Patriot Acts purpose is to deter and
punish terrorist acts in the United States and around the world. The Patriot Act Is meant to help stop terrorism by making it easier to get search
warrants for suspected terrorists. The purpose of the Patriot Act is to enable law enforcement officials to track down and punish those responsible for
the attacks on 9/11 and to protect against any similar attacks. The Act grants the government the powers to trace and intercept terrorist communications
both for law enforcement and intelligence purposes. This means that the government can use wire taps, monitor email traffic, confiscate... Show more
content on Helpwriting.net ...
Before the patriot act, intelligence agencies were not allowed to share information with each other making it more likely for a terrorist attack to
happen. People support it because they fear terror attacks and say that they have nothing to hide. They believe that the Patriot act helps ruin terror plots
and find terrorists. (NPR)
The people that don't support the patriot act believe that it violates the first amendment rights, the right to protection against unlawful discrimination,
the right to due process, and the right to privacy. The right to privacy is the freedom from unwarranted government intrusion into your private affairs.
The main reason that people don't support the patriot act is because of the violation of the right to privacy from the government. (ACLU) They believe
that the patriot act could lead to privacy violations of anyone who comes into any form of contact with a terror suspect. Also, people that don't support
the act believe that unrestricted sharing of information between intelligence agencies leads to the development of massive databases of citizens that are
not suspects of terror. They also don't like how the government can use sneak and peek search warrants for minor crimes and not just terrorism. (NPR)
They are also worried that the material support part of the act could lead to guilt by association with terror suspects. They also don't like the fact that
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The Patriot Act And The Patriot Act
The Uniting and Strengthening America by Providing Appropriate Tools Required toIntercept and Obstruct Terrorism Act, more commonly known as
the USA PATRIOT Act, or simply the Patriot Act was signed into law on October 26, 2001, 45 days after the terrorist attackson September 11
th
. At the signing of the Patriot Act in 2001, PresidentGeorge W. Bushsaid thatthe act would provide "important new tools to fight a present danger"
(Gerdes). Since then, thePatriot Act and the "important new tools" it authorizes have been subjects of intense controversy.The debate over what the
Patriot Act actually allows law enforcement officials to do, however,centers on the balance of national security and protection of civil liberties in
legislation.In the United States, civil liberties are the rights individuals have that are free frominterference from the government or others; they include
the rights listed in the Bill of Rights aswell as those protected by state or local laws (Boaz). Also, the Ninth Article of The Bill of Rightsstates that "the
enumeration...of certain rights, shall not be construed to deny or disparage othersretained by the people", so rights concerning privacy and "others
retained by the people" can beincluded under the label of civil liberties. In the past, civil liberties have been challenged andsuspended in times of war.
The Patriot Act contains provisions that bring up the issue of civilliberties during wartime. Critics call the Patriot Act "unwarranted and
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Essay about The Not So Patriot Act
The Not So Patriotic Patriot Act On September 11, 2001 the United States was attacked by a terrorist group on our own soil. On October 26, 2011
the US Government signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA Patriot Act). Only one and a half months after we were attacked physically by a terrorist group, our government decided that we
would be better off with a lot less freedom in order to better protect America from terrorist attacks in the future. Although this seemed like an obvious
need in 2001, now almost ten years later there is little evidence supporting a need for such an Act. The bottom line is that the Patriot Act allows the US
... Show more content on Helpwriting.net ...
Section 213 was written into the Patriot Act as a way to "sneak and peek" locations before potential criminals or evidence had a chance to be
relocated. This would give law enforcement time to completely search through someone's property either physically or electronically without their
knowledge of it. However, at some point, they were required to inform the party of their search. In many cases, law enforcement works within a
time limit during investigation of a case and Section 213 is intended to give law enforcement more leeway on how the fourth amendment is
interpreted in terrorist type cases. To sum up Section 213, agents, through very little proof of evidence, are able to enter someone's house and do a
full search of their property without any kind of notice. Obviously when it is at the discretion of the officers, they will likely overuse this power to
extend past just possible terrorist attacks and call for the use of this section in other cases as well. Although there are obvious issues with this ruling,
Heather MacDonald in The Patriot Act Is No Slippery Slope argues that this section is a critical part of the process of protecting Americans from
terrorist attacks. She uses an example of the FBI wanting to "plumb Mohamed Atta's hard–drive for evidence of a nascent terror attack" (Donald, p. 1).
In the text she goes on to argue that by allowing Mr. Atta notice of the FBIs' intent to execute a search warrant on his property he would have
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9/11 Research Paper
Law enforcement has the authority to listening in on any electronic communications with little overlooking. This means that they can get access to
wiretaps, sneak and peek warrants among other provisions. The full name of the law is the "Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". So this act fights terrorism it also gives the federal government tools to
deal with suspected terrorist activity. Since 9/11, all political leaders have sought new ways to address terrorism. This act was created to deter and
punish acts of terrorism in and around the United States. The law is divided into the following categories:
1. boost domestic security
2. ... Show more content on Helpwriting.net ...
The patriot act has given police more freedom in combating terrorism while interfering with our personal rights. So in another word, it violates some
of our constitutional rights. I don't agree with my rights being taken away in the name of terrorism. Because if you are or you aren't doing anything,
wrong all the government needs to lock you up is just a suspicion. And you're in jail, I don't think that the government should have this kind of power.
Reasons why this law is unconstitutional
This Act allows officers to obtain warrants without showing probable cause. That means foreign citizens and American citizens can be under
surveillance for whatever reason the government decides. ( this violates the fourth rider) Also, you cannot speak out against the government. ( this
violates the first rider) Also, we no longer have the freedom of association. The government also has the right to go thru our personal information
whenever they ant too. This is a violation of privacy.
Conclusion
After 9/11, I feel that the government used everyone fear as a means to an end. And the price were all paying is our constitutional rights. For centuries
our answers have fought for these
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The Right to Privacy via Electronic Transmissions Essay
The right to privacy, via electronic transmissions to include the internet, is an ever present issue that does not and most likely will not ever have a
solution that will not only satisfy the wants of citizens but the security needs of the nation. When issues of privacy arise we refer to a non–evolving,
interpreted document called the Constitution written over two centuries ago. In order to maintain national security, citizens must surrender some
privacy for the good of the nation and themselves. If privacy takes precedent over national security, then our nation becomes susceptible to attacks both
electronic and physical in nature. But if a fair and proper agreement between the need for privacy and security can be reached, then it is... Show more
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The Framers wrote and established the Constitution to protect the citizens from any physical threat within the nation. In reference to the right to
privacy, the word privacy is never actually written in the constitution. 1st, 3rd, 4th, 9th and 14th amendments have been interpreted to protect certain
privacies. The 1st amendment is the "privacy of beliefs". The 3rd amendment is the "privacy of the home". The 4th amendment is the "privacy of the
person and possessions". The 9th amendment is the "general protection of privacy". The 14th amendment is the liberty clause, stating that states cannot
take away a citizen's life, liberty, or property without due process. These amendments in their original form protect citizens from the states and the
federal government, but through the evolution of society and it's technologies we now also need protection against those outside of the United States.
The need to interpret how the constitution is to be applied to varying situations shows that the constitution is in fact not a living document. Because it
is not alive, it has not evolved or adapted to the pressing needs of the nation. In 1890, the first wiretap occurred. A wiretap is the monitoring of
telephone or Internet conversation by a third party. In 1928, the Supreme Court decided that wiretapping was constitutional because it cannot be
considered a violation of the 4th amendment. The 4th amendment protects citizens against unlawful search
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Governing Identification Evidence Analysis
In Chapter thirteen, naming the law of governing identification evidence is introduced. It begins with the evidence needed for criminal convictions. It
states that to convict a person of a crime, the government must be able to prove it. The government must prove that the crime the person is charged
with did indeed happen. The government must also be able to prove that the defendant was committed or was a party to the crime charged. The evidence
can either be direct or circumstantial. Direct evidence is evidence that stands on its own to prove an alleged fact, such as a testimony of a witness who
specifically says he or she saw a defendant pointing a gun at a victim during a robbery. This means that the defendant must be identified in some sort...
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Computers are electronic devices for storing and processing data and that is why they are a rich place for law enforcement to search for criminal
activity. There is a common expectation of privacy when it comes to someone's personal computer, which is why the fourth amendment applies to any
search of a computer. When obtaining evidence from other personal electronic devices there must be a search warrant in place. Obtaining evidence
from the Internet or cyber evidence includes crimes against children, abductions, threats, abductions, and pornography. Identity theft and computer
hacking crimes also fall under this category. There are different types of search warrants; there is daytime, nighttime, no knock/unannounced,
anticipatory, sneak and peek, etc. Wiretapping allows the practice of connecting a listening device to a telephone line to secretly monitor a
conversation. Electronic surveillance is a way of monitoring a home, business, or individual using a variety of devices. Three techniques of electronic
surveillance that are available to law enforcement agencies are pen registers, trap and trace devices, and interception of the content of the message.
There are some situations where a court order was not required like overheard conversations, statements made to undercover officers, and tape
recordings
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Essay on The Patriot Act: Keeping America Safe
On September 11, 2001, the United States was shaken when the Twin Towers of the World Trade Center in New York City fell and thousands were
killed. The very real dangers of terrorism were made perfectly clear that day. The government had to find out why this atrocity had happened, and, more
importantly, they had to stop it from happening again. But how could the U.S. stop an attack they never saw coming? Deciding the best route of action
was to catch the terrorists before they could do any more harm, the Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001, orUSA PATRIOT Act
, was passed.
The Act was approved by both the House of Representatives and Senate with very ... Show more content on Helpwriting.net ...
Before September 11th, terrorism concerned many people, but it did not seem a personal threat to the citizens of the United States. The majority of
previous terrorist attacks were outside of the U.S., and the few inside appeared as small, isolated incidents. The government and its citizens alike
were largely unaware of the terrorist group called Al Qaeda, to which the attacks were later linked. No one possessed any real evidence of a large plot
against the United States. Yet many today ask, "How did the government not see this coming? How did they miss the clues?"
Before the incident, the government may have acquired enough separate pieces of information about the impending attack to have stopped it. The
problem was, however, that the different agencies that worked on counterterrorism were not coordinated, and no single division had enough evidence to
catch the attackers until it was much too late. Looking back on the event, people realized that if the government had the ability to exercise more
authority, the bombings could potentially have been stopped. (Scheppler 14)
The day after the Twin Towers fell, a meeting was called by the U.S, Justice Department officials. They needed to determine where the governmental
system had failed, and they aspired to draft a new law that would hopefully keep such an event from happening again. (Scheppler 25) This new piece
of legislation was comprised of several smaller pieces, mostly the
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Usa Patriot Act
After the terrorist attacks that occurred on September 11, 2001, a controversial piece of legislation was adopted and passed called the U.S.A. Patriot
Act. The title for this bill is an acronym for "the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act" (USA Patriot Act).
In the years since the passing of the Patriot Act, there has been much controversy and debate regarding the positive and negative advantages, and
consequences of this bill. As a member of the law enforcement community I have experienced firsthand some of the changes the Patriot Act has
brought upon this nation. A result of this experience along with information obtained in the studying of this act and... Show more content on
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Constitution. Along with this expansion of surveillance powers is the "sneak and peek provision" (The USA–PATRIOT Act and the American response
to terror; panel discussion, 2002). During a discussion panel in 2002, David E. Suchar discussed this provision stating the "sneak and peek provision,
which allows the government to conduct secret searches of anyone, including citizens, without notifying the person that they have a search warrant and
that the search is authorized". Suchar further stated this provision is "a very broad standard that probably could be met in a tremendous number of
cases and not limited to fighting terrorism in any way, shape, or form" (The USA–PATRIOT Act and the American response to terror; panel discussion,
2002, para. 18). From a civil liberties perspective, the surveillance expansion provisions within the Patriot Act are troubling when considering the
possibility of abuse, and the trouncing of fourth amendment rights. Another troubling consequence of the Patriot Act and the expansion of surveillance
powers is the use of profiling. In order to efficiently gather intelligence information for the safety of this country, it would be common sense to develop
a target of sorts to better focus the efforts made. Many believe that Muslims in this country have become the unfortunate targets of profiling. The
monitoring of those with family and business ties to countries rooted with terrorism is a logical direction for
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The Security Of The Usa Patriot Act Essay
Although the main concern of this case had to do with Computin and protecting national security, Shelton can also technically be charged for
possessing marijuana since it is illegal under federal law. However, it is important to look at how the FBI kept surveillance on him and the questionable
manner in which they entered and searched his apartment. Shelton does have substantial grounds on which he can move to suppress the evidence of
marijuana against him; however, there is no guarantee that he will be successful in court.
Firstly, he could look at the faulty affidavit used to get the "sneak–and–peek" warrant against him. Since the warrant obtained to search his apartment
were based on untrue grounds, he can claim that the FBI had no right to enter his apartment under false pretenses. Moreover, he can also look at the
nature of "sneak–and–peek" warrants, which allows for the delayed notice of the execution of a warrant under the USA Patriot Actthat was
implemented in light of the 9/11 terrorist attacks. Was the information that he was harboring so important that the FBI could use a false affidavit and
delay the notification of a warrant in order to search his home? If the answer is no, then Shelton has grounds that the FBI should not have been able to
search him in the first place. If the answer is yes, then Shelton can also argue that the FBI had already gained information that they needed through the
handwritten notes between him and Holmgren. Under normal search
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Why Are Civil Liberties More Important Than Homeland Security
How Civil Liberties Are More Important Than Homeland Security
What is homeland security? The exact definition of homeland security is "Precautions taken by the government of specified country against terrorist
attacks" according to Dictionary.com. However, when it comes to protection, are the people of the US willing to give up their naturalcivil liberties? The
civil liberties, found in the Bill of Rights, are the people's fundamental rights; such as freedom of speech, religion, and even privacy. These rights are
protected by law against unwarranted governmental interference on their lives. Benjamin Franklin once said, "Those who would give up essential
Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety"(from npr.org).
Before the Obama Administration was in charge of secretly collecting phone records and accessed the internet activity of many, there was the Bush
Administration. In late 2005, President George W. Bush authorized the National Security Agency. With this organization, they are able to monitor
phone calls and emails without court permission. Just a year later, public support for the ... Show more content on Helpwriting.net ...
Many argue, including Deborah Jacobs, executive director of ACLU (American Civil Liberties Union of New Jersey) that the Patriot Act violates the
4th Amendment. What many do not know, is that there are warrants that the government use for homeland security. Warrants such as the 'Sneak and
Peek Warrants' or the 'Trap and Trace Searches'. The American Civil Liberties Union argued how the 'Trap and Trace Searches are a breach of the 4th
Amendment because their are no probable cause requirements in obtaining the warrants. In fact, according to Pewresearch.com, 32% of the people
asked said they were more concerned that the government has gone too far in restricting the average person's civil
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American Civil Liberties are NOT Violated by the Patriot Act
American Civil Liberties are NOT Violated by the Patriot Act
As we face the threat of terrorism, how do we protect ourselves without hurting our freedoms? Today, terrorism is a major threat to our homeland
security and has become increasingly more prevalent and difficult to monitor with the public's accessibility to communication and information through
today's technology. Terrorists are now able to communicate more freely with recenttechnological advances. In an effort to combat this new threat, the
government passed the Patriot Act, which was created to relieve some of the difficulties of monitoring communications and activities of the public so
the government can easily detect terrorist activity. In response to the ... Show more content on Helpwriting.net ...
government, and we can't afford to have people lose their lives because part of the information is in one department and part is in another department
and they are not talking to each other" (Frank, 2002, p. 1505).
The Patriot Act expands the "pen register" statute to include electronic communications and Internet usage, which was previously limited to tracing of
telephone numbers called by suspect criminals (Olsen, 2001). In addition, this act allows the government to obtain warrants to examine what people
read in libraries and bookstores from records on what a person checks out or buys. Moreover, the law allows the government to detain or deport
suspects of terrorism as well as monitor financial transcripts and electronic records. Recently, the federal court ruled to expand the use of wiretaps and
other surveillance techniques in tracking suspected terrorists under the Patriot Act. The main part of the ruling is removing previously existing legal
barriers between the FBI and the Justice Department investigators, prosecutors and law enforcement personnel (Fox, November 2002).
Those opposed to the Patriot Act claim that it takes away our civil liberties and basic rights afforded under the Constitution. Many argue that the bill
was rushed through Congress and never gave members time to go over it or interpret it (Demmer, 2002). According to one representative who voted
against the bill, the bill was never available to him to read before the
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Digital Data And The Internet
In today's society, people tend to operate the majority of their everyday tasks through the internet. It is really simple, comfortable, and it saves a
lot of time. In one hour individual can perform a deposit into his particular bank account, request a pharmaceutical prescription, apply for a
mortgage, pay bills, do online shopping and more. All it requires a customer to be able to do this is having an account with any of these company's
websites. Creating an account is normally a very manageable process where the person provides some information and creates a username and a
password to be in a position to return to the website. This data provided by the consumer is called: digital data or digital information, which is just
any kind of information in digital format. Digital data can be public or private, it can be kept by the medical providers, banks, government, and other
organizations; as well as an easily available on the internet on social media websites, etc. However is our data really secure? Along with its many
advantages, the advancement of technology presents an encompassing examination network seem almost necessary. We owe enough of the privacy we
have experienced in the past to a combination of immature technology and insufficient labor to monitor us. But these protective inabilities are giving
way to efficiency technologies of data processing and digital surveillance that threaten to eliminate our privacy. Already we are traced by our credit
card transactions,
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Essay on The PATRIOT Act is Necessary, Lawful and Effective
Two thousand nine hundred people from fifty–four countries were killed on September 11, 2001. In response to this tragedy, the United States of
America passed the USA PATRIOT Act, an acronym standing for Uniting and strengthening America by providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act, on October 26, 2001. The act gives law enforcement agencies and the Foreign Intelligence Agency the right to
share information. It also allows these agencies to tap phones and gather other forms of information using delayed notice warrants. Investigators are
also allowed to get hold of personal information, such as library records, under this act (Update). Although critics of the PATRIOT act say that it
violates privacy, the... Show more content on Helpwriting.net ...
Even when the Central Intelligence Agency, CIA, told the FBI that al–Mihdhar and other Bin Laden related individuals were in the United States, the
FBI refused to open a criminal investigation because at that time it was illegal to share information among the agencies. If this case had been opened,
the investigation of al–Mihdhar could have given key evidence regarding the participants of the 9/11 attack beforehand, helping to prevent the attack
(Kyl 140). The delayed notice and "sneak and peek" warrants that the USA PATRIOT actallows are just as crucial as the information sharing between
intelligence and criminal investigators. As Attorney General Gonzales explains,
Winning the war on [terrorism] requires winning the war of information. [The United state is] dealing with a very dangerous, very patient, very
diabolical enemy who wants to [harm it], and in order to be effective in dealing with this enemy, [the country needs] to have information. [The United
States needs] to know who the enemy is ...[,] what the enemy is thinking ...[, and] where the enemy is thinking about striking [next].(Domestic)
The only way for investigators to acquire this sort of information is through delayed notice and "sneak and peak" warrants. These types of search
warrants allow investigators to conduct searches without informing the subjects before the investigation. If investigators followed the previous protocol
for searches, they would not be able to gather
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Invasion Of Citizens ' Privacy On Digital Data
Invasion of Citizens' Privacy on Digital Data In today's world, people tend to run the majority of their daily errands through the internet. It is very
easy, convenient, and it saves a lot of time. In one hour someone can make a deposit into his personal bank account, order a medical prescription,
pay bills, apply for a loan, get some shopping, and more. All it takes for a customer to be able to do this is having an account with each of these
company's websites. Creating an account is usually a very simple process where the person provides some information and creates a username and a
password to be in a position to return to the website. This information provided by the client is called: digital data or digital information, which is
simply any kind of information in digital format. Digital data can be public or private, it can be kept by the government, banks, medical providers,
and other institutions; as well as a freely available on the internet on websites like myspace.com, Facebook, LinkedIn, etc. But is our data really safe?
Along with its many benefits, the march of technology makes an encompassing surveillance network seem almost inevitable. We owe much of the
privacy we have enjoyed in the past to a combination of immature technology and insufficient manpower to monitor us. But these protective
inefficiencies are giving way to efficiency technologies of data processing and digital surveillance that threaten to eliminate our privacy. Already we
are tracked by our
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Patriot Act Pros And Cons
Sixty percent of all Americans wish to see the Patriot act be reformed. The Patriot Act gives the power to the FBI and Homeland Security to spy on
many Americans and collect personal information. It invades privacy, violates civil liberties and the Fourth Amendment, and does not contribute to
the fight against terrorism; it takes away freedom of speech and any form of privacy from Americans. In addition to invading the personal lives of
many Americans, the patriot act has also been proven to have no effect on stopping potential terrorist attacks in the United States. The Patriot act is a
violation of civil rights and an invasion of privacy and needs to be repealed. The Patriot Act is a major invasion of people's privacy and personal
information.... Show more content on Helpwriting.net ...
In addition to the invasion of privacy and spying on millions of Americans without their knowledge, The Patriot Act is also in violation of the Fourth
Amendment in multiple ways. The Patriot Act violates the civil liberties guaranteed to Americans by undermining the Fourth Amendment. The Fourth
Amendment gives the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The
Patriot Act breaches this amendment in multiple ways including "sneak–and–peek" warrants, wiretaps, and bulk data collection. "Sneak–and–peek
warrants", also called delayed–notification warrants, it allows law enforcement to conduct a covert search without informing the suspect of the search
until a later time. This infringes the Fourth Amendment, because law enforcement must notify the person that is being searched after the search has
taken place. This is unfair to the suspect being searched and goes against the right to secure houses, persons, papers, and effects against unreasonable
searches, as stated in the Fourth Amendment. The second way the Patriot Act is in violation the Fourth Amendment and civil
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The Patriot Act Analysis
The Patriot Act is a piece of legislation that has modified multiple security acts inside the United States government. This was established as a
response to the terrorist attacks that took place on 11 Sept 2001. The purpose was to create rules and regulations to help aid in the capture of suspected
terrorists as well as to minimize attack risk. When these amendments went into effect, US legislation gave heavy rights to the United States
government. There are multiple arguments that can be made demonstrating why this Act fails when it comes to being ethical and meaningful not only
to the constitution but also to that of basic privileges given to human beings. Legislations, such as unjust detainments, wire–taps, and secured
information, gave ... Show more content on Helpwriting.net ...
"Sneak–and–peek warrants, also called delayed–notification warrants, allowed law enforcement to conduct a covert search without informing the
suspect of the search until later," (Barth, 2015). This has since created animosity and fear towards the government as people feel that it is invasion of
privacy. Alongside the 72 hour detainees and the un–warranted wire taps, the government was also given the right to prohibit any third–party
organization from releasing information that the federal government uses, as a resource to run a search on an individual. While different levels of
government can share information to "connect the dots", information on "suspected terrorists" do not have to be shared. This gives the government and
advantage over terrorist as it let them go undetected for longer as they gear up to incapacitate terrorists before they can strike (APPSTATE, N.D).
Again, this seems like a useful provision, however this also presents issues with individuals who were detained and released under false accusations or
incorrect assumptions. The "suspected terrorists" were set free and found not guilty but have no way of getting information or proof of what happened.
Many feel as though this has and could still lead to
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Lack Search In Section 213 Of The Patriot Act
The sneak and peek search is provided in Section 213 of the Patriot Act. A sneak–and– peek warrant allows the police to lawfully investigate in a
premises and delay in notifying the suspect that they are about to conduct a search. The sneak–and– peek is referred to as counterterrorism, but it is
also used in criminal investigations. That includes law enforcement sneaking in the house unnoticed utilizing the no–knock policy. The police carrying
out the sneak–and– peek search often do not leave a copy of notice that they have conducted the search, including whatever they may have found during
the search. The main reason why law enforcement does not notify the individual or leave a copy of the notice, is because it may jeopardize the
investigation... Show more content on Helpwriting.net ...
This search is not only conducted for households, but also other buildings such as a "terrorist cell" or even a vehicle. For example, a suspect in
Buffalo had his car searched and the agents utilized a delay–notice warrant in which they used a duplicate key to take the suspect's car without the
suspect noticing. The DEA agent left traces behind as if the suspect's car was broken into and stolen. It is also important to notice that the suspect must
be informed eventually about the warrant being issued against them, but that could last up to days, months or years (DeRosa, 2005). However,
according to the 2006 Amendment of the Patriot Act, a thirty day notice is mandatory unless the agent or officer extend the notice by providing further
facts and information to the judge. Before the attacks on 9/11, sneak and peek searches did not involve the inspection of files, documents and pictures
in the home, but Section 213 expands the scope of these searches (Lippman,
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Pros And Cons Of The Patriot Act
We all remember were we were when the news showed the divitation caused by the Al Qaeda terrorist group on September 11th.The USA patriot act
came into effect in order to safeguard the nation from the possible terrorist activities after the dreadful that dreadful day. The USA Patriot act allowed
for the various security officers to search homes or business enterprises of any suspect without the owner's consent, and also allows the FBI to wiretap
and have access to certain financial information without the individuals consent. There has been a lot of controversy over the act, because some say it
is a violation of their Fourth Amendment right. This research will show some of the pros and cons and why the USA Patriot Actis necessary to ... Show
more content on Helpwriting.net ...
On some occasions there have been some that see the act as unconstitutional, but in Article I of the Constitution, the "Necessary and Proper Clause" is
written. This states that congress has the right to reinterpret and stretch the meaning of the Constitution, as long as their law is deemed ok by the
Supreme Court.
There are many pros and cons to the USA Patriot Act. Some feel that the government already has way too much power and that this just gives them
more. Another con is some feel allowing the government to conduct surveillance on US citizens means that there is less privacy protection than before,
and that there is certainly opportunity for abuse. A big issue is electronic surveillance, this provision is supposed to apply to suspected terrorists, but
that definition is very open ended, and the government could easily label anyone as a suspected terrorist, and to start gathering information on them.
Another big problem is that law enforcement is allowed to go into someone's home and search through all their possessions without notifying them at
all. Here are a list of five sections in the USA Patriot Act that many argue are unconstitutional; Roving Wiretaps, Section 206; Roving wiretaps have
long been used in criminal cases to allow law enforcement to "follow a target across multiple telephone or Internet accounts when there's reason to
believe the suspect is
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The Pros And Cons Of The Patriot Act
After the 9/11 attacks, the U.S passed a variation of the elastic clause called the Patriot Act, which allows the U.S to do whatever is necessary for the
protection of the U.S from terrorists. Some of these actions include seizing the homes of Muslims citizens and spying on suspicious U.S citizens who
may be connected to terrorist groups. Even though controversy has arisen about whether or not this is constitutional, the United States used the elastic
clause to defend the patriot act. By doing this the federal government claims that they are allowed to go beyond the law in times of crisis in order to do
things that are necessary for national security. Although the federal government argues that they have the right to violate multiple amendments through
the Elastic Clause and Patriot Act, using the privilege to obstruct and abuse the assumed powers of the constitution has an extremely negative effect on
the structure of democracy in the nation, proving that using these clauses to seize the homes of "suspicious" Muslim citizens only affects the nation
negatively in the long term. When the Patriot Act was passed, there was a public backlash against its constitutionality. In order to protect the nation
from future terrorist attacks, the Patriot act vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing
checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court". This
brought up a lot of controversy within lawmakers, as the enactment of this law would give the FBI the right to violate the Fourth Amendment. As stated
by the Constitutional Rights Foundation, The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures. Although the Fourth Amendment states that officers must obtain a warrant from a judge before
searching private property, the Patriot Act reduces the requirements necessary to search the property of a U.S citizen. This is shown in section 215 of
the act which permits the FBI to go before the Foreign Intelligence Surveillance Court for an order to search for "any tangible things"
... Get more on HelpWriting.net ...
Investigating The Crime Of A Criminal Trial
In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an offender in a criminal trial. In a criminal trial, the
prosecutor must prove the crime alleged of the suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the
crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant has committed the crime. Identification evidence
may account for several factors, in which include: "identification by the victim of the crime. Identification by the eyewitnesses. Confessions,
admissions, or incriminating statements by the defendant or his associates showing that the defendant committed the crime or was a party to the crime.
... Show more content on Helpwriting.net ...
319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress, Duration of events, Witness character, Memory
decay, and several others. These variables initially can cause the witness to make a misidentification.
In addition to eyewitness identification, line ups and showups are used to identify a witness or a suspect. Lineups are an identification procedure,
in which the witness or the victim of the crime is able to observe and pick out any possible suspects related to the crime. As for a showup, the
witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer
could rely on a showup procedure and present the victim of the crime with a drive by of the detainee in an effort to identify the suspect. These
identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in
making a identification.
The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive photo arrays include multiple photographs, usually
six or eight, showing a person of the same general description. The
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Pros And Cons Of The Patriot Act
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is
one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into
opposition of an intrusive police state which they believe is inevitable given the government's new powers. They consider the Act an assault on civil
liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it's that the
American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights. The main criticisms of the
... Show more content on Helpwriting.net ...
He called this collection a "logical program" (qtd. In Isikoff), although when pressed for any examples of this database being used to stop terror
attacks, Stone replied simply, "We found none." The thing about the Patriot Act that is truly terrifying, is "the lack of government candor in
describing its implementation" (Lithwick and Turner). This means that the American people don't trust their government to use their powers as
the people were told they would be. While many claim that the Patriot Act is an attack on Americans' civil liberties, there is a strong case for the
Act and the changes it brings. An article published in the Washington Post looks at the claims made by the ACLU and systematically pokes gaping
holes in them. For one, the claim that NSLs can be issued without a judge's approval is only partially true. While a normal search warrant is issued
to law enforcement by a civilian judge, "the FBI can do nothing under Section 215 without the approval of a federal court."(Mac Donald, In
Defense). The idea of a federal judge issuing an NSL to spy on someone who "wrote a letter to the editor that criticized government policy"(Mac
Donald, In Defense) as the ACLU claims, is inconceivable. Another critique made by the ACLU is against the Act's "Sneak and Peek" provision.
While described as a blatant power grab by the government, there is a long precedent for the delay of notice regarding a search warrant. Especially
when such a
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The Patriot Act Essay
The Patriot Act
In the wake of September 11, many things happened very quickly. Along with the beginning of a '"'war'"' against terrorism, an act was passed to help
prevent future terrorism in the USA. The name of this is the USA Patriot Act. The act legalizes manysurveillance techniques that were once
prohibited. The act has been passed without debate, and the new privileges given to our government have not been thoroughly examined. The law
enforcers of our country are now capable of monitoring the citizens in ways most people are not aware of. Some of the surveillance laws are
self–terminating after four years, but many of the more important laws are permanent. What will these new surveillance laws be used for after the war
on ... Show more content on Helpwriting.net ...
America has a rival that we have declared war against, terrorism. But after terrorism is suppressed, whom will our country battle next and when will
the adversaries show themselves? During the idleness after terrorism is vanquished, government law enforcers are given a chance to misuse the new
surveillance laws. This is because there will be little for the law keepers to do other than to turn their attention to the American citizens. These laws are
not made to charge average people with misdemeanors; they are to be used for national security. With monitoring techniques similar to those legalized
in the USAPA being used on all of AmericaВ
ЎВЇs citizens, there would be a greater sense of oppression among the people. To be oppressed and
governed in such a way by police is marshal law. As a safeguard, the government added an expiration date on most of the surveillance regulations
except one of the key laws. This law allows something called a pen register trap and trace device order to be modified. A pen register trap and trace
device order is a court order that is used for information gathering. It is very simple to get this court order, because it originally just recorded the
phone numbers made by a selected person. The court does not require any results from the tap either.
... Get more on HelpWriting.net ...
Usa Patriot Act Essay
USA Patriot Act of 2001
In 2001, George W. Bush signed a law to provided tools to catch and prevent terrorism. It was called the USA Patriot Act of 2001. It was George W.
Bush's response to the terrorist attack that took place in September 11, 2001 in New York and Pentagon. The Law ensured security and safety for the
citizens but it also violated individual right. The law took a lot of criticism because it violated constitutional right, and it created problems between
individual right perspective and the public order advocates.
In September 11, 2001 United States witnessed one of the worst attack that took place in New York and Pentagon. A lot of people died that day. And
on October 26, 2001 George W. Bushsinged the USA Patriot Actit was anti–terrorism law. The USA Patriot Act gave new powers to the Justice
Department. Even if the law assured us the safety, it also violated the Bills of Rights. The purpose of the Bills of Right is to protect every individual
from being violated. The USA Patriot Act of 2001 violated fourth amendment. "Fourth Amendment, protects people from unreasonable searches and
seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed
unreasonable under the law" (http://www.uscourts.gov/about–federal–courts/educational–resources/about–educational–outreach/activity–resources
/what–does–0). Means that government cannot search without any warrant. And the government
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The Patriot Act: The Right To Privacy
On October 26, 2001, a law was signed into congress by George W. Bush known as the Patriot Act. The initial purpose of the act was to monitor
terrorist like activity that could happen on U.S. soil and that could affect the way of the American life. Although its sole purpose was to monitor
suspect activity, it gives citizens little to no privacy. In Martin Letter from Birmingham Jail, he explains how he believed that a just laws should
follow the code of ethics. However, this law is the farthest from having morals or being ethical, it's used to invaded the privacy of U.S. citizen. The USA
Patriot Act is an unjust law, it violates the right to freedom and abuses the right to have privacy, and it can lead to unlawful consequences. The Patriot
Act was created after September 11, 2001, to protect the American people from terrorism. Specifically, it allows the FBI to implement a critical vetting
process. This process involves ... Show more content on Helpwriting.net ...
The patriot act violates fourth amendment numerous reasons. Private phone calls and emails are being read and seen by official for terrorist activity.
The United States Government has gotten authority to have more security surveillance on everyone just to be sure that they are not committing any
illegal or terrorist like activity. The main purpose of the law was to protect the American people, but it is just makes them more afraid. No one should
have the right to watch what someone is doing without there constant first. Without checks and balances many just laws would probably be removed
and replaced with laws that could affect the lives of many. The FBI can obtain personal and very private documents with a search warrant but have an
easier time of getting one. They also search before they hand you the warrant being processed that is called a sneak and peek warrant which is not
considered
... Get more on HelpWriting.net ...
The US Patriot Act
Introduction Americans have always held the rights and liberties close to their hearts. Ever since we became an independent nation. After the tragic
events that happened on September 11th, 2001, Citizens of America began to ponder if some of their rights and liberties should be sacrificed to
prevent such an attack in the future. National unity took over the country and Americans bonded and held each other up. They stood up in the face
of terrorism and the Presidents approval rating soared through the roof (from 54% to nearly a whooping 86% which is the highest level it has ever
been). Sadly, the American public rallied behind the Government and provided support for an Act that will come to violate their freedoms that they
cherish so much. Congress drafted the US Patriot Act in only 45 days (which leads some to believe that it was already pre–made and was just a
combination of a "wish–list" that the FBI had and was waiting for the right time to implement). Still filled with a sense of national pride and deeply
scarred by the terrorist attacks which occurred on September 11th, 2001, americans accepted the Act to blatantly avoid being labeled unpatriotic in the
eyes of their peers and government. Still, in the face of being labeled "unpatriotic", many thousands of open minded individuals who saw what this Act
could in the future openly question the Government though their cries where heard by mute ears. When the House sent the US Patriot Act to the
Senate for approval in 2001,
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U.s. Defense Of Homeland Security
After 9/11, the United States completely revamped its entire system of defense, policy prescription and stance with regards to terrorism; both foreign
and domestic. The Department of Homeland Security was created, direct militaristic action was taken against these terrorists and domestic and
foreign policy was changed in order to combat the new threat. While much of this "war on terror" was fought far away from U.S. soil, that did not
stop these new policies from affecting the lives of U.S. citizens directly. The most noticeable, controversial and powerful of these policies was the
U.S.A. PATRIOT Act (Breinholt, 23
–25). While the PATRIOT Act has drawn the ire of many U.S. citizens due to its far reaching effects, lack of
jurisdictional or... Show more content on Helpwriting.net ...
This paper will argue that not only has the PATRIOT Act been successful in its goal of stopping and deterringterrorism, but that it will continue to do
so as it continues to evolve in the future. First, a short overview of the PATRIOT ACT is necessary, briefly describing what each of the ten titles in the
USA PATRIOT Actis intended to do. During the Overview, this paper will emphasize the importance of specific Titles that directly halt or deter
specific terrorist acts, as well as their methods of operation. Second, American citizen complaints and direct violations to the constitution will be
noted as well as if and when those violations have been rectified within the act after revisions. Afterwards, previous and ongoing issues and concerns
will be explained and assessed. Finally, the Act's overall success and future policy prescriptions for continued success will be laid out. Title I of the
PATRIOT Act contains six sections and establishes funding for counterterrorist measures within the United States Treasury, establishes powers
provided to the executive office and basically lays the groundwork for battling the threat of terrorism at home. It establishes and provides funds to
specific agencies such as the FBI, prevents discrimination against Arab Americans, allows networking surveillance by the director of the Secret
Service in order to prevent terrorist attacks (USA PATRIOT Act Section 105). The final section of this Title of the
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The Fourth Amendment Of The Fourth Amendment
When the colonists established the bill of rights in the 18th century, the fourth amendment seemed unambiguous. The government needed to respect the
right for people to be "secure in their persons, house, papers and effects, against unreasonable searches and seizures and not be violated, and no
warrants shall issue, but upon probable cause." The difference between today and eighteenth century is that many more situations have come up that
weren't around during the eighteenth century. New technologies, new threats and new circumstances have risen that may diminish the restriction on
the fourth amendment. In order to protect society from new threats and circumstances in America, the Supreme Court expands their understanding of
the fourth amendment to apply it to the new world. The idea of the respect for privacy antedates American law. Over one thousand years ago a Roman
statesman by the name of Cicero says that there is nothing that should be less dishonored than the home of man and it is immoral to violate his place of
safety. Although this may true, government has always had a thirst for information. One major example of this is between the English kingdom and the
thirteen colonies. Until 1768 there was something known as the salutary neglect were Britain wasn't enforcing many of their laws. Due to the major
debt from the French and Indian war, laws involving taxes and controlling American smugglers, needed to be put in place. One key aspect that helped
enforce these
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Government Surveillance In America
Government Surveillance Are the controversies true? Am I always being watched? These questions are typical questions that most Americans might be
asking themselves for the past few years. For years, the American eye has been opened to everyday threats of being watched, monitored and spied on
by the government. For some, this may not have come off as shocking as it may have had to other, but the problem is still there and problem is still
there. The problem Americans face is the problem of being under constant surveillance by our "trusted" leaders. In America, government surveillance
needs to be reduced. The Patriot Act demonstrates how much unnecessary supervision the government has on America. After America's 9/11 incident,
the Patriot Act was hastily passed in regard to "protect"... Show more content on Helpwriting.net ...
This will make citizens feel they can have their own privacy. It will increase the trust between the government and its people and better represent a
more honest country. It will help the nation cooperate better as a whole knowing they can trust the government and let them handle their business
more privately. This an easily be done by not tracking anyone through a phone company unless they seem legitimately suspicious of interfering in
criminal or terrorist activity. Then and only then could they look through the persons phone information but by the consent of a judge. This will
reassure the use of Checks and Balances in our government system so that a Branch does not get out of hand with its power. There will be no use of
the network Prism that is used to gather all google and Facebook information from any persons unless gone through the same process as above. This
would be the best way to solve the situation where the government can still watch over people without disturbing their
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The Pros And Cons Of The Patriot Act
It is true that the Constitution was designed in such a way to "govern the governed" and to control itself and its various branches. Nonetheless, what is
also true of the Constitution is that it protects the "governed" from those who govern, de jure. The United States' Constitution contains amendments in
the Bill of Rights that expressly state the civil liberties and privileges of each member of the society that the government is compelled (at least) by law
to acknowledge and uphold. However, historically this hasn't been the case. The Patriot Act, established in the aftermath of 9/11 tragedy to deal with
terrorism is just one example. This essay will examine two parts of the patriot act, specifically Section 206 which speaks Roving Wiretaps and Section
213 which speaks to "Sneak and Peek" Warrants, to show how they violate civilian rights enshrined in the First, Fourth, and Fifth Amendments. Before
we begin, it is imperative that we lay the foundation for this discussion by explaining first the provisions of the First, Fourth, and Fifth Amendments.
The First Amendment, among other things, guarantee freedom of religion, speech, and the press. The Fourth Amendment grants rights to privacy of
person and property, and against "unreasonable" searches and seizures thereof. Finally, the Fifth Amendment secure the right to fair trial. Now that we
are clear on the provisions of these amendments let's look at how they are violated by certain provisions of the Patriot Act, first,
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The Usa Patriot Act : An Essential Step Against The...
The USA PATRIOT Act was a piece of legislation that was signed into law to address the realities of modern terrorism. The new breed of terrorism
was sophisticated and used new technologies that, according to the President, "were not available at the time that the existing laws were written", he
said in his speech during the bill signing press event on October 26. 2001; a fair argument. He said "The bill before me takes account of the new
realities and dangers posed by modern terrorists" and the Patriot Act was "an essential step in defeating terrorism while protecting the constitutional
rights of all Americans". But how does the Patriot Act do that? How does it protect the constitutional rights of Americans? How does it help defeat...
Show more content on Helpwriting.net ...
America the Brave and America the Free was now America the Mortal. Amidst the panic and outcry for increased security efforts, October 26, 2001,
President George W. Bush, signs H.R. 3162 into law, the USA PATRIOT Actand the first jeopardy of American freedom in the modern war against
terrorism.
To understand why the Patriot Act is a threat to society and freedom, one must understand the basics. First, the most powerful "Tool" under the
Act is Title V or "Removing obstacles to investigating terrorism". Under Title V, any Special Agent who is in charge of a bureau field office of the
FBI can issue a National Security Letter, or a demand for information by the FBI which compels the recipient to release private data in relation to
an individual who is only suspected of terrorism; no confirmed relationship. NSLs have existed for some time and previously the power to issue
these demands were held only by the Director and Deputy Director of the FBI. Additionally, under the Patriot Act, the scope of the NSLs power
was made more broad, permitting all sorts of private data to be gathered in secret, such as phone records, computer access records, credit history and
banking records. NSLs require no judicial review or probable cause and even contain a clause which forbids the recipient from ever disclosing the
letter's existence; a "gag order".
Second to Title V, is Title II or "Enhanced Surveillance Procedures", the name itself being very revealing of
... Get more on HelpWriting.net ...
The Patriot Act : American Citizens Favor Their Civil...
The Patriot Act
American citizens favor their civil liberties granted by the law and the Constitution. Civil liberties are freedoms of a citizen granted by the U.S.
Constitution without arbitrary government abridgement. They are important because those freedoms protect the people from an oppressive
government and other oppressive citizens. These rights include the freedom of assembly, petition, press, religion, speech and civil rights. The rights
separate the United States from a tyrannical government. The preservation of civil rights is a keystone of democracy. This allows the United States to
be unique from other nations throughout the test of time. Americans also take pride in their freedoms as the Founding Fathers would have wanted
them to. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or also
known as the Patriot Act, however, is hampering on American freedoms, pride and the Bill of Rights. The Act was passed right after the September 11
terror attacks as a way to prevent further terrorist attacks in the United States. Although security is a necessary factor in an American's life, security
should not be prioritized over personal freedom. The Patriot Act should be amended because part of the act is unconstitutional, is an attack on
Americans' civil liberties and supports the vilification of Muslim Americans.
The Patriot Act must be refined because a section of the law goes against the
... Get more on HelpWriting.net ...
Patriot Act Benefits
Supporting the Patriot Act will continue to be a great stepping stone towards terrorism as well as other issues that have inflected the U.S. The Patriot
Act was establish after the terrorist attack of 9/11 to ensure the security of U.S citizens. I have gather enough information to state that it will be a
beneficial decision to support the Patriot Act. First of all, the increase in security, has made it harder for terrorist to plan and carry out attacks. This
means that the implemented factors allowed by the Patriot Act, have been working. Since the drastic event of 9/11, "[A]t least 30 planned terrorist
attacks have been foiled, [and] all, but two of them [where] prevented by law enforcement.", as stated by the Heritage Foundation. If it
... Get more on HelpWriting.net ...

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Fourth Amendment Violations

  • 1. Fourth Amendment Violations The US Patriot Act: Violations of the 4th Amendment The US Patriot Act was a very controversial act that was created after the events of September 11, 2011. Although many sanctions under the US Patriot Act grossly violated the fourth amendment in several ways, congress felt it was necessary to protect the nation. Sections that violated the fourth amendment are: the sneak and peek warrants included in section 213, roving/warrantless wiretapping of section 206, and finally trap and trace searches of section 214. These are just a few of the many violations I can account for. The Fourth Amendment is part of the Bill of Rights that was added to the Constitution in 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a warrant or probable cause. Are we truly willing to override the Constitution in the name of national security? ... Show more content on Helpwriting.net ... In 2007, a District Judge found such warrants to be unconstitutional. However, the government appealed this ruling, and these warrants remain concerns for many citizens today. This gives law enforcement officials too much power with very few limitations or oversight. With the state of our countries race relations and the ongoing utilization of profiling amongst law enforcement, tensions amongst citizens and law enforcement are on a continued rise. Roving/warrantless wiretapping, Section 206 enabled the Department of Homeland Security and other law enforcement agencies to easily obtain records on individuals without their knowledge. Roving wiretaps have long been used in criminal cases to allow law enforcement to follow a target across multiple telephone or internet accounts when there's reason to believe the suspect is frequently changing lines to frustrate ... Get more on HelpWriting.net ...
  • 2. Patriot Act Outline General Purpose:To persuade the audience to take a side on the Patriot Act Specific Purpose:To display why the Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) is unconstitutional and not something the citizens should allow to be part of the US Law. I. Attention Getter:Between 2003 and 2006, the FBI issued 192,499 National Security Letters which led to 1 terror–related conviction. This fact comes from "A Review of the FBI's Use of National Security Letters" by the Office of the Inspector General. II. Thesis Statement/Argument: The Patriot Act is an unconstitutional act that violates basic rights found in the Constitution by limiting the freedom of speech, imposing ... Show more content on Helpwriting.net ... Limiting Freedom of Speech Support: When contacted by FBI with a NSL( National Security Letter) and asked for information, you are then placed under a gag order. This means that you are forbidden from telling anyone that the FBI has approached you and asked for this information on a person. Example: An email provider is contacted by the government to hand over emails from someone they are looking into, they are not allowed to release to the public this has occurred. Support: The investigators have the ability to monitor any political or religious group without necessary cause. Support: This can cause people to be afraid to speak up, or speak out against something, because anything no matter how private can be found. Main Point II. Improper Search and Seizure Support: Investigators may search houses, offices, papers, files, etc and seize any information found without probable cause. (Because of the NSL) Example: "According to an analysis by the Electronic Frontier Foundation (EFF), out of the 11,129 reported uses of the Sneak and Peek Warrant tactic in 2013, only 51 cases (.5 percent) involved suspected terrorism. The overwhelming majority (9,401 cases) were used for narcotics investigations." ... Get more on HelpWriting.net ...
  • 3. The Importance Of Civil Liberties I believe that the abuse of power by the state is a greater threat to the American people today, than terrorist actions by a small number of people, which is why I chose a quote from Eleanor Roosevelt. All of us in this country give lip service to the ideals set forth in the Bill of Rights and emphasized by every additional amendment, and yet when war is stirring in the world, many of us are ready to curtail our civil liberties. We do not stop to think that curtailing these liberties may in the end bring us greater danger than the danger we are trying to avert. – Eleanor Roosevelt I believe that by giving up our civil liberties we are allowing our government to invade our privacy, judge us for our religious beliefs and tell us what we are ... Get more on HelpWriting.net ...
  • 4. USA Patriot Act Analysis The terrorist attack on the World Trade Center was the single most devastating terrorist attack in this country and, indeed, the world, with more than 3,000 deaths. (Pollock, 2014, p.403). The terrorist attack on September 11th, 2001 was a wakeup call for local law enforcement and the United States. This resulted in an increase of law enforcement officials and change of missions for local law enforcement, federal law enforcement; the creation of the Department of Homeland Security(DHS). The Congressional Act from this attack was the signing of the United States of America Patriot Act into law October 26, 2001. TheUSA Patriot Act "gives federal officials greater authority to track and intercept communications, both for law enforcement and ... Get more on HelpWriting.net ...
  • 5. The Controversy On Government Surveillance The controversy on government surveillance is very controversial. Should the government have unlimited access to citizen's personal information, conversations, and text in order to protect the country? Or should the government have more of a laissez–faire–type role in citizen's private lifestyles? Across the world, there are different approaches on the government's surveillance on people. Iceland's policies are the least intrusive in the world, with almost no surveillance and laws protecting the people's freedom of speech. On the other end of the spectrum is China, which is in the process of creating a constant surveillance system of all its citizens. Somewhere in the middle of this scale is the United States of America. Influences by other ... Show more content on Helpwriting.net ... Currently they are working on a project for a nation–wide facial recognition system that will be done by 2020. Connecting a person's history, personal info, and family, all to their face. China also has a five year plan that will have 100% surveillance and a master database consisting of all databases in the country. When this is complete, the government will be able to watch and identify any citizen in their country. This idea was derived from a communist party slogan by Mao Zedong, "The masses have sharp eyes". Their premise of the slogan was that the government relied on people to keep an eye and ear on their neighbors and report anything wrong that they see. Now, instead of neighbors keeping an eye on others, public surveillance cameras will be on every street and cameras installed in smart devices such as phones and tvs. People are required to download certain apps that will scan photos, videos, audio files, ebooks, and other documents. With constant surveillance, are citizens free? Everything they say, do, and text is being recorded by the government. With constant watch, the government had decided to create a "social credit". This rewards those who follow the rules, and punishes those who don't. Even crimes such as smoking on public transport, causing trouble on flights, jaywalking, or spreading incorrect news on the internet could lower a person's score. Law enforcers were given the ... Get more on HelpWriting.net ...
  • 6. Research Paper On Patriot Act The USA Patriot Act Professor Jonathan Epstein HIS 352 Here are two article abstracts that I used to assist me in writing my paper regarding our USA Patriot act that we know have implemented throughout our nation today. My purpose is to show how, we the American people are affected by this bill. Through out my paper I will also provide the function of the Patriot Act throughout legislation as well as citizens. Along with providing historical background as to how the patriot act came about. According to the Article "Big Brother At The Door: Balancing National Security with Privacy under The U.S.A Patriot Act." Written by Patricia Mell, Published by Denver University Law Review. 2002, Vol. 80 Issue 2, p375–427. 53p. United States Constitution ... Show more content on Helpwriting.net ... The purpose of roving wiretaps is to maintain the monitoring of a target no matter what. For example "if a target attempts to defeat surveillance by throwing away a phone and acquiring a new one, by moving, or by any other methods, another surveillance order would usually need to be applied for. However, a "roving" wiretap follows the target, and defeats the target's attempts at breaking the surveillance by changing location or their communications technology[footnoteRef:14]". In which I must say I do agree with roving wiretaps only for targets that actually do pose a threat to society. I actually feel it is also a more sufficient form or security and swift when used properly. But in order for this to be legally administered title 3 of the Patriot Act had to be amended. The amendments made were to the Omnibus Crime Control and safe Streets Act of 1968 (the "Wiretap Statute") in 1988 by Electronic Communication Privacy act. [14: ... Get more on HelpWriting.net ...
  • 7. America Needs the Patriot Act Essay example Is the Patriot Act Unconstitutional? The Patriot Act was introduced in 2001 after the September 11 attacks. The Patriot Acts purpose is to deter and punish terrorist acts in the United States and around the world. The Patriot Act Is meant to help stop terrorism by making it easier to get search warrants for suspected terrorists. The purpose of the Patriot Act is to enable law enforcement officials to track down and punish those responsible for the attacks on 9/11 and to protect against any similar attacks. The Act grants the government the powers to trace and intercept terrorist communications both for law enforcement and intelligence purposes. This means that the government can use wire taps, monitor email traffic, confiscate... Show more content on Helpwriting.net ... Before the patriot act, intelligence agencies were not allowed to share information with each other making it more likely for a terrorist attack to happen. People support it because they fear terror attacks and say that they have nothing to hide. They believe that the Patriot act helps ruin terror plots and find terrorists. (NPR) The people that don't support the patriot act believe that it violates the first amendment rights, the right to protection against unlawful discrimination, the right to due process, and the right to privacy. The right to privacy is the freedom from unwarranted government intrusion into your private affairs. The main reason that people don't support the patriot act is because of the violation of the right to privacy from the government. (ACLU) They believe that the patriot act could lead to privacy violations of anyone who comes into any form of contact with a terror suspect. Also, people that don't support the act believe that unrestricted sharing of information between intelligence agencies leads to the development of massive databases of citizens that are not suspects of terror. They also don't like how the government can use sneak and peek search warrants for minor crimes and not just terrorism. (NPR) They are also worried that the material support part of the act could lead to guilt by association with terror suspects. They also don't like the fact that ... Get more on HelpWriting.net ...
  • 8. The Patriot Act And The Patriot Act The Uniting and Strengthening America by Providing Appropriate Tools Required toIntercept and Obstruct Terrorism Act, more commonly known as the USA PATRIOT Act, or simply the Patriot Act was signed into law on October 26, 2001, 45 days after the terrorist attackson September 11 th . At the signing of the Patriot Act in 2001, PresidentGeorge W. Bushsaid thatthe act would provide "important new tools to fight a present danger" (Gerdes). Since then, thePatriot Act and the "important new tools" it authorizes have been subjects of intense controversy.The debate over what the Patriot Act actually allows law enforcement officials to do, however,centers on the balance of national security and protection of civil liberties in legislation.In the United States, civil liberties are the rights individuals have that are free frominterference from the government or others; they include the rights listed in the Bill of Rights aswell as those protected by state or local laws (Boaz). Also, the Ninth Article of The Bill of Rightsstates that "the enumeration...of certain rights, shall not be construed to deny or disparage othersretained by the people", so rights concerning privacy and "others retained by the people" can beincluded under the label of civil liberties. In the past, civil liberties have been challenged andsuspended in times of war. The Patriot Act contains provisions that bring up the issue of civilliberties during wartime. Critics call the Patriot Act "unwarranted and ... Get more on HelpWriting.net ...
  • 9. Essay about The Not So Patriot Act The Not So Patriotic Patriot Act On September 11, 2001 the United States was attacked by a terrorist group on our own soil. On October 26, 2011 the US Government signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act). Only one and a half months after we were attacked physically by a terrorist group, our government decided that we would be better off with a lot less freedom in order to better protect America from terrorist attacks in the future. Although this seemed like an obvious need in 2001, now almost ten years later there is little evidence supporting a need for such an Act. The bottom line is that the Patriot Act allows the US ... Show more content on Helpwriting.net ... Section 213 was written into the Patriot Act as a way to "sneak and peek" locations before potential criminals or evidence had a chance to be relocated. This would give law enforcement time to completely search through someone's property either physically or electronically without their knowledge of it. However, at some point, they were required to inform the party of their search. In many cases, law enforcement works within a time limit during investigation of a case and Section 213 is intended to give law enforcement more leeway on how the fourth amendment is interpreted in terrorist type cases. To sum up Section 213, agents, through very little proof of evidence, are able to enter someone's house and do a full search of their property without any kind of notice. Obviously when it is at the discretion of the officers, they will likely overuse this power to extend past just possible terrorist attacks and call for the use of this section in other cases as well. Although there are obvious issues with this ruling, Heather MacDonald in The Patriot Act Is No Slippery Slope argues that this section is a critical part of the process of protecting Americans from terrorist attacks. She uses an example of the FBI wanting to "plumb Mohamed Atta's hard–drive for evidence of a nascent terror attack" (Donald, p. 1). In the text she goes on to argue that by allowing Mr. Atta notice of the FBIs' intent to execute a search warrant on his property he would have ... Get more on HelpWriting.net ...
  • 10. 9/11 Research Paper Law enforcement has the authority to listening in on any electronic communications with little overlooking. This means that they can get access to wiretaps, sneak and peek warrants among other provisions. The full name of the law is the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". So this act fights terrorism it also gives the federal government tools to deal with suspected terrorist activity. Since 9/11, all political leaders have sought new ways to address terrorism. This act was created to deter and punish acts of terrorism in and around the United States. The law is divided into the following categories: 1. boost domestic security 2. ... Show more content on Helpwriting.net ... The patriot act has given police more freedom in combating terrorism while interfering with our personal rights. So in another word, it violates some of our constitutional rights. I don't agree with my rights being taken away in the name of terrorism. Because if you are or you aren't doing anything, wrong all the government needs to lock you up is just a suspicion. And you're in jail, I don't think that the government should have this kind of power. Reasons why this law is unconstitutional This Act allows officers to obtain warrants without showing probable cause. That means foreign citizens and American citizens can be under surveillance for whatever reason the government decides. ( this violates the fourth rider) Also, you cannot speak out against the government. ( this violates the first rider) Also, we no longer have the freedom of association. The government also has the right to go thru our personal information whenever they ant too. This is a violation of privacy. Conclusion After 9/11, I feel that the government used everyone fear as a means to an end. And the price were all paying is our constitutional rights. For centuries our answers have fought for these ... Get more on HelpWriting.net ...
  • 11. The Right to Privacy via Electronic Transmissions Essay The right to privacy, via electronic transmissions to include the internet, is an ever present issue that does not and most likely will not ever have a solution that will not only satisfy the wants of citizens but the security needs of the nation. When issues of privacy arise we refer to a non–evolving, interpreted document called the Constitution written over two centuries ago. In order to maintain national security, citizens must surrender some privacy for the good of the nation and themselves. If privacy takes precedent over national security, then our nation becomes susceptible to attacks both electronic and physical in nature. But if a fair and proper agreement between the need for privacy and security can be reached, then it is... Show more content on Helpwriting.net ... The Framers wrote and established the Constitution to protect the citizens from any physical threat within the nation. In reference to the right to privacy, the word privacy is never actually written in the constitution. 1st, 3rd, 4th, 9th and 14th amendments have been interpreted to protect certain privacies. The 1st amendment is the "privacy of beliefs". The 3rd amendment is the "privacy of the home". The 4th amendment is the "privacy of the person and possessions". The 9th amendment is the "general protection of privacy". The 14th amendment is the liberty clause, stating that states cannot take away a citizen's life, liberty, or property without due process. These amendments in their original form protect citizens from the states and the federal government, but through the evolution of society and it's technologies we now also need protection against those outside of the United States. The need to interpret how the constitution is to be applied to varying situations shows that the constitution is in fact not a living document. Because it is not alive, it has not evolved or adapted to the pressing needs of the nation. In 1890, the first wiretap occurred. A wiretap is the monitoring of telephone or Internet conversation by a third party. In 1928, the Supreme Court decided that wiretapping was constitutional because it cannot be considered a violation of the 4th amendment. The 4th amendment protects citizens against unlawful search ... Get more on HelpWriting.net ...
  • 12. Governing Identification Evidence Analysis In Chapter thirteen, naming the law of governing identification evidence is introduced. It begins with the evidence needed for criminal convictions. It states that to convict a person of a crime, the government must be able to prove it. The government must prove that the crime the person is charged with did indeed happen. The government must also be able to prove that the defendant was committed or was a party to the crime charged. The evidence can either be direct or circumstantial. Direct evidence is evidence that stands on its own to prove an alleged fact, such as a testimony of a witness who specifically says he or she saw a defendant pointing a gun at a victim during a robbery. This means that the defendant must be identified in some sort... Show more content on Helpwriting.net ... Computers are electronic devices for storing and processing data and that is why they are a rich place for law enforcement to search for criminal activity. There is a common expectation of privacy when it comes to someone's personal computer, which is why the fourth amendment applies to any search of a computer. When obtaining evidence from other personal electronic devices there must be a search warrant in place. Obtaining evidence from the Internet or cyber evidence includes crimes against children, abductions, threats, abductions, and pornography. Identity theft and computer hacking crimes also fall under this category. There are different types of search warrants; there is daytime, nighttime, no knock/unannounced, anticipatory, sneak and peek, etc. Wiretapping allows the practice of connecting a listening device to a telephone line to secretly monitor a conversation. Electronic surveillance is a way of monitoring a home, business, or individual using a variety of devices. Three techniques of electronic surveillance that are available to law enforcement agencies are pen registers, trap and trace devices, and interception of the content of the message. There are some situations where a court order was not required like overheard conversations, statements made to undercover officers, and tape recordings ... Get more on HelpWriting.net ...
  • 13. Essay on The Patriot Act: Keeping America Safe On September 11, 2001, the United States was shaken when the Twin Towers of the World Trade Center in New York City fell and thousands were killed. The very real dangers of terrorism were made perfectly clear that day. The government had to find out why this atrocity had happened, and, more importantly, they had to stop it from happening again. But how could the U.S. stop an attack they never saw coming? Deciding the best route of action was to catch the terrorists before they could do any more harm, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, orUSA PATRIOT Act , was passed. The Act was approved by both the House of Representatives and Senate with very ... Show more content on Helpwriting.net ... Before September 11th, terrorism concerned many people, but it did not seem a personal threat to the citizens of the United States. The majority of previous terrorist attacks were outside of the U.S., and the few inside appeared as small, isolated incidents. The government and its citizens alike were largely unaware of the terrorist group called Al Qaeda, to which the attacks were later linked. No one possessed any real evidence of a large plot against the United States. Yet many today ask, "How did the government not see this coming? How did they miss the clues?" Before the incident, the government may have acquired enough separate pieces of information about the impending attack to have stopped it. The problem was, however, that the different agencies that worked on counterterrorism were not coordinated, and no single division had enough evidence to catch the attackers until it was much too late. Looking back on the event, people realized that if the government had the ability to exercise more authority, the bombings could potentially have been stopped. (Scheppler 14) The day after the Twin Towers fell, a meeting was called by the U.S, Justice Department officials. They needed to determine where the governmental system had failed, and they aspired to draft a new law that would hopefully keep such an event from happening again. (Scheppler 25) This new piece of legislation was comprised of several smaller pieces, mostly the ... Get more on HelpWriting.net ...
  • 14. Usa Patriot Act After the terrorist attacks that occurred on September 11, 2001, a controversial piece of legislation was adopted and passed called the U.S.A. Patriot Act. The title for this bill is an acronym for "the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act" (USA Patriot Act). In the years since the passing of the Patriot Act, there has been much controversy and debate regarding the positive and negative advantages, and consequences of this bill. As a member of the law enforcement community I have experienced firsthand some of the changes the Patriot Act has brought upon this nation. A result of this experience along with information obtained in the studying of this act and... Show more content on Helpwriting.net ... Constitution. Along with this expansion of surveillance powers is the "sneak and peek provision" (The USA–PATRIOT Act and the American response to terror; panel discussion, 2002). During a discussion panel in 2002, David E. Suchar discussed this provision stating the "sneak and peek provision, which allows the government to conduct secret searches of anyone, including citizens, without notifying the person that they have a search warrant and that the search is authorized". Suchar further stated this provision is "a very broad standard that probably could be met in a tremendous number of cases and not limited to fighting terrorism in any way, shape, or form" (The USA–PATRIOT Act and the American response to terror; panel discussion, 2002, para. 18). From a civil liberties perspective, the surveillance expansion provisions within the Patriot Act are troubling when considering the possibility of abuse, and the trouncing of fourth amendment rights. Another troubling consequence of the Patriot Act and the expansion of surveillance powers is the use of profiling. In order to efficiently gather intelligence information for the safety of this country, it would be common sense to develop a target of sorts to better focus the efforts made. Many believe that Muslims in this country have become the unfortunate targets of profiling. The monitoring of those with family and business ties to countries rooted with terrorism is a logical direction for ... Get more on HelpWriting.net ...
  • 15. The Security Of The Usa Patriot Act Essay Although the main concern of this case had to do with Computin and protecting national security, Shelton can also technically be charged for possessing marijuana since it is illegal under federal law. However, it is important to look at how the FBI kept surveillance on him and the questionable manner in which they entered and searched his apartment. Shelton does have substantial grounds on which he can move to suppress the evidence of marijuana against him; however, there is no guarantee that he will be successful in court. Firstly, he could look at the faulty affidavit used to get the "sneak–and–peek" warrant against him. Since the warrant obtained to search his apartment were based on untrue grounds, he can claim that the FBI had no right to enter his apartment under false pretenses. Moreover, he can also look at the nature of "sneak–and–peek" warrants, which allows for the delayed notice of the execution of a warrant under the USA Patriot Actthat was implemented in light of the 9/11 terrorist attacks. Was the information that he was harboring so important that the FBI could use a false affidavit and delay the notification of a warrant in order to search his home? If the answer is no, then Shelton has grounds that the FBI should not have been able to search him in the first place. If the answer is yes, then Shelton can also argue that the FBI had already gained information that they needed through the handwritten notes between him and Holmgren. Under normal search ... Get more on HelpWriting.net ...
  • 16. Why Are Civil Liberties More Important Than Homeland Security How Civil Liberties Are More Important Than Homeland Security What is homeland security? The exact definition of homeland security is "Precautions taken by the government of specified country against terrorist attacks" according to Dictionary.com. However, when it comes to protection, are the people of the US willing to give up their naturalcivil liberties? The civil liberties, found in the Bill of Rights, are the people's fundamental rights; such as freedom of speech, religion, and even privacy. These rights are protected by law against unwarranted governmental interference on their lives. Benjamin Franklin once said, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety"(from npr.org). Before the Obama Administration was in charge of secretly collecting phone records and accessed the internet activity of many, there was the Bush Administration. In late 2005, President George W. Bush authorized the National Security Agency. With this organization, they are able to monitor phone calls and emails without court permission. Just a year later, public support for the ... Show more content on Helpwriting.net ... Many argue, including Deborah Jacobs, executive director of ACLU (American Civil Liberties Union of New Jersey) that the Patriot Act violates the 4th Amendment. What many do not know, is that there are warrants that the government use for homeland security. Warrants such as the 'Sneak and Peek Warrants' or the 'Trap and Trace Searches'. The American Civil Liberties Union argued how the 'Trap and Trace Searches are a breach of the 4th Amendment because their are no probable cause requirements in obtaining the warrants. In fact, according to Pewresearch.com, 32% of the people asked said they were more concerned that the government has gone too far in restricting the average person's civil ... Get more on HelpWriting.net ...
  • 17. American Civil Liberties are NOT Violated by the Patriot Act American Civil Liberties are NOT Violated by the Patriot Act As we face the threat of terrorism, how do we protect ourselves without hurting our freedoms? Today, terrorism is a major threat to our homeland security and has become increasingly more prevalent and difficult to monitor with the public's accessibility to communication and information through today's technology. Terrorists are now able to communicate more freely with recenttechnological advances. In an effort to combat this new threat, the government passed the Patriot Act, which was created to relieve some of the difficulties of monitoring communications and activities of the public so the government can easily detect terrorist activity. In response to the ... Show more content on Helpwriting.net ... government, and we can't afford to have people lose their lives because part of the information is in one department and part is in another department and they are not talking to each other" (Frank, 2002, p. 1505). The Patriot Act expands the "pen register" statute to include electronic communications and Internet usage, which was previously limited to tracing of telephone numbers called by suspect criminals (Olsen, 2001). In addition, this act allows the government to obtain warrants to examine what people read in libraries and bookstores from records on what a person checks out or buys. Moreover, the law allows the government to detain or deport suspects of terrorism as well as monitor financial transcripts and electronic records. Recently, the federal court ruled to expand the use of wiretaps and other surveillance techniques in tracking suspected terrorists under the Patriot Act. The main part of the ruling is removing previously existing legal barriers between the FBI and the Justice Department investigators, prosecutors and law enforcement personnel (Fox, November 2002). Those opposed to the Patriot Act claim that it takes away our civil liberties and basic rights afforded under the Constitution. Many argue that the bill was rushed through Congress and never gave members time to go over it or interpret it (Demmer, 2002). According to one representative who voted against the bill, the bill was never available to him to read before the ... Get more on HelpWriting.net ...
  • 18. Digital Data And The Internet In today's society, people tend to operate the majority of their everyday tasks through the internet. It is really simple, comfortable, and it saves a lot of time. In one hour individual can perform a deposit into his particular bank account, request a pharmaceutical prescription, apply for a mortgage, pay bills, do online shopping and more. All it requires a customer to be able to do this is having an account with any of these company's websites. Creating an account is normally a very manageable process where the person provides some information and creates a username and a password to be in a position to return to the website. This data provided by the consumer is called: digital data or digital information, which is just any kind of information in digital format. Digital data can be public or private, it can be kept by the medical providers, banks, government, and other organizations; as well as an easily available on the internet on social media websites, etc. However is our data really secure? Along with its many advantages, the advancement of technology presents an encompassing examination network seem almost necessary. We owe enough of the privacy we have experienced in the past to a combination of immature technology and insufficient labor to monitor us. But these protective inabilities are giving way to efficiency technologies of data processing and digital surveillance that threaten to eliminate our privacy. Already we are traced by our credit card transactions, ... Get more on HelpWriting.net ...
  • 19. Essay on The PATRIOT Act is Necessary, Lawful and Effective Two thousand nine hundred people from fifty–four countries were killed on September 11, 2001. In response to this tragedy, the United States of America passed the USA PATRIOT Act, an acronym standing for Uniting and strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, on October 26, 2001. The act gives law enforcement agencies and the Foreign Intelligence Agency the right to share information. It also allows these agencies to tap phones and gather other forms of information using delayed notice warrants. Investigators are also allowed to get hold of personal information, such as library records, under this act (Update). Although critics of the PATRIOT act say that it violates privacy, the... Show more content on Helpwriting.net ... Even when the Central Intelligence Agency, CIA, told the FBI that al–Mihdhar and other Bin Laden related individuals were in the United States, the FBI refused to open a criminal investigation because at that time it was illegal to share information among the agencies. If this case had been opened, the investigation of al–Mihdhar could have given key evidence regarding the participants of the 9/11 attack beforehand, helping to prevent the attack (Kyl 140). The delayed notice and "sneak and peek" warrants that the USA PATRIOT actallows are just as crucial as the information sharing between intelligence and criminal investigators. As Attorney General Gonzales explains, Winning the war on [terrorism] requires winning the war of information. [The United state is] dealing with a very dangerous, very patient, very diabolical enemy who wants to [harm it], and in order to be effective in dealing with this enemy, [the country needs] to have information. [The United States needs] to know who the enemy is ...[,] what the enemy is thinking ...[, and] where the enemy is thinking about striking [next].(Domestic) The only way for investigators to acquire this sort of information is through delayed notice and "sneak and peak" warrants. These types of search warrants allow investigators to conduct searches without informing the subjects before the investigation. If investigators followed the previous protocol for searches, they would not be able to gather ... Get more on HelpWriting.net ...
  • 20. Invasion Of Citizens ' Privacy On Digital Data Invasion of Citizens' Privacy on Digital Data In today's world, people tend to run the majority of their daily errands through the internet. It is very easy, convenient, and it saves a lot of time. In one hour someone can make a deposit into his personal bank account, order a medical prescription, pay bills, apply for a loan, get some shopping, and more. All it takes for a customer to be able to do this is having an account with each of these company's websites. Creating an account is usually a very simple process where the person provides some information and creates a username and a password to be in a position to return to the website. This information provided by the client is called: digital data or digital information, which is simply any kind of information in digital format. Digital data can be public or private, it can be kept by the government, banks, medical providers, and other institutions; as well as a freely available on the internet on websites like myspace.com, Facebook, LinkedIn, etc. But is our data really safe? Along with its many benefits, the march of technology makes an encompassing surveillance network seem almost inevitable. We owe much of the privacy we have enjoyed in the past to a combination of immature technology and insufficient manpower to monitor us. But these protective inefficiencies are giving way to efficiency technologies of data processing and digital surveillance that threaten to eliminate our privacy. Already we are tracked by our ... Get more on HelpWriting.net ...
  • 21. Patriot Act Pros And Cons Sixty percent of all Americans wish to see the Patriot act be reformed. The Patriot Act gives the power to the FBI and Homeland Security to spy on many Americans and collect personal information. It invades privacy, violates civil liberties and the Fourth Amendment, and does not contribute to the fight against terrorism; it takes away freedom of speech and any form of privacy from Americans. In addition to invading the personal lives of many Americans, the patriot act has also been proven to have no effect on stopping potential terrorist attacks in the United States. The Patriot act is a violation of civil rights and an invasion of privacy and needs to be repealed. The Patriot Act is a major invasion of people's privacy and personal information.... Show more content on Helpwriting.net ... In addition to the invasion of privacy and spying on millions of Americans without their knowledge, The Patriot Act is also in violation of the Fourth Amendment in multiple ways. The Patriot Act violates the civil liberties guaranteed to Americans by undermining the Fourth Amendment. The Fourth Amendment gives the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Patriot Act breaches this amendment in multiple ways including "sneak–and–peek" warrants, wiretaps, and bulk data collection. "Sneak–and–peek warrants", also called delayed–notification warrants, it allows law enforcement to conduct a covert search without informing the suspect of the search until a later time. This infringes the Fourth Amendment, because law enforcement must notify the person that is being searched after the search has taken place. This is unfair to the suspect being searched and goes against the right to secure houses, persons, papers, and effects against unreasonable searches, as stated in the Fourth Amendment. The second way the Patriot Act is in violation the Fourth Amendment and civil ... Get more on HelpWriting.net ...
  • 22. The Patriot Act Analysis The Patriot Act is a piece of legislation that has modified multiple security acts inside the United States government. This was established as a response to the terrorist attacks that took place on 11 Sept 2001. The purpose was to create rules and regulations to help aid in the capture of suspected terrorists as well as to minimize attack risk. When these amendments went into effect, US legislation gave heavy rights to the United States government. There are multiple arguments that can be made demonstrating why this Act fails when it comes to being ethical and meaningful not only to the constitution but also to that of basic privileges given to human beings. Legislations, such as unjust detainments, wire–taps, and secured information, gave ... Show more content on Helpwriting.net ... "Sneak–and–peek warrants, also called delayed–notification warrants, allowed law enforcement to conduct a covert search without informing the suspect of the search until later," (Barth, 2015). This has since created animosity and fear towards the government as people feel that it is invasion of privacy. Alongside the 72 hour detainees and the un–warranted wire taps, the government was also given the right to prohibit any third–party organization from releasing information that the federal government uses, as a resource to run a search on an individual. While different levels of government can share information to "connect the dots", information on "suspected terrorists" do not have to be shared. This gives the government and advantage over terrorist as it let them go undetected for longer as they gear up to incapacitate terrorists before they can strike (APPSTATE, N.D). Again, this seems like a useful provision, however this also presents issues with individuals who were detained and released under false accusations or incorrect assumptions. The "suspected terrorists" were set free and found not guilty but have no way of getting information or proof of what happened. Many feel as though this has and could still lead to ... Get more on HelpWriting.net ...
  • 23. Lack Search In Section 213 Of The Patriot Act The sneak and peek search is provided in Section 213 of the Patriot Act. A sneak–and– peek warrant allows the police to lawfully investigate in a premises and delay in notifying the suspect that they are about to conduct a search. The sneak–and– peek is referred to as counterterrorism, but it is also used in criminal investigations. That includes law enforcement sneaking in the house unnoticed utilizing the no–knock policy. The police carrying out the sneak–and– peek search often do not leave a copy of notice that they have conducted the search, including whatever they may have found during the search. The main reason why law enforcement does not notify the individual or leave a copy of the notice, is because it may jeopardize the investigation... Show more content on Helpwriting.net ... This search is not only conducted for households, but also other buildings such as a "terrorist cell" or even a vehicle. For example, a suspect in Buffalo had his car searched and the agents utilized a delay–notice warrant in which they used a duplicate key to take the suspect's car without the suspect noticing. The DEA agent left traces behind as if the suspect's car was broken into and stolen. It is also important to notice that the suspect must be informed eventually about the warrant being issued against them, but that could last up to days, months or years (DeRosa, 2005). However, according to the 2006 Amendment of the Patriot Act, a thirty day notice is mandatory unless the agent or officer extend the notice by providing further facts and information to the judge. Before the attacks on 9/11, sneak and peek searches did not involve the inspection of files, documents and pictures in the home, but Section 213 expands the scope of these searches (Lippman, ... Get more on HelpWriting.net ...
  • 24. Pros And Cons Of The Patriot Act We all remember were we were when the news showed the divitation caused by the Al Qaeda terrorist group on September 11th.The USA patriot act came into effect in order to safeguard the nation from the possible terrorist activities after the dreadful that dreadful day. The USA Patriot act allowed for the various security officers to search homes or business enterprises of any suspect without the owner's consent, and also allows the FBI to wiretap and have access to certain financial information without the individuals consent. There has been a lot of controversy over the act, because some say it is a violation of their Fourth Amendment right. This research will show some of the pros and cons and why the USA Patriot Actis necessary to ... Show more content on Helpwriting.net ... On some occasions there have been some that see the act as unconstitutional, but in Article I of the Constitution, the "Necessary and Proper Clause" is written. This states that congress has the right to reinterpret and stretch the meaning of the Constitution, as long as their law is deemed ok by the Supreme Court. There are many pros and cons to the USA Patriot Act. Some feel that the government already has way too much power and that this just gives them more. Another con is some feel allowing the government to conduct surveillance on US citizens means that there is less privacy protection than before, and that there is certainly opportunity for abuse. A big issue is electronic surveillance, this provision is supposed to apply to suspected terrorists, but that definition is very open ended, and the government could easily label anyone as a suspected terrorist, and to start gathering information on them. Another big problem is that law enforcement is allowed to go into someone's home and search through all their possessions without notifying them at all. Here are a list of five sections in the USA Patriot Act that many argue are unconstitutional; Roving Wiretaps, Section 206; Roving wiretaps have long been used in criminal cases to allow law enforcement to "follow a target across multiple telephone or Internet accounts when there's reason to believe the suspect is ... Get more on HelpWriting.net ...
  • 25. The Pros And Cons Of The Patriot Act After the 9/11 attacks, the U.S passed a variation of the elastic clause called the Patriot Act, which allows the U.S to do whatever is necessary for the protection of the U.S from terrorists. Some of these actions include seizing the homes of Muslims citizens and spying on suspicious U.S citizens who may be connected to terrorist groups. Even though controversy has arisen about whether or not this is constitutional, the United States used the elastic clause to defend the patriot act. By doing this the federal government claims that they are allowed to go beyond the law in times of crisis in order to do things that are necessary for national security. Although the federal government argues that they have the right to violate multiple amendments through the Elastic Clause and Patriot Act, using the privilege to obstruct and abuse the assumed powers of the constitution has an extremely negative effect on the structure of democracy in the nation, proving that using these clauses to seize the homes of "suspicious" Muslim citizens only affects the nation negatively in the long term. When the Patriot Act was passed, there was a public backlash against its constitutionality. In order to protect the nation from future terrorist attacks, the Patriot act vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court". This brought up a lot of controversy within lawmakers, as the enactment of this law would give the FBI the right to violate the Fourth Amendment. As stated by the Constitutional Rights Foundation, The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Although the Fourth Amendment states that officers must obtain a warrant from a judge before searching private property, the Patriot Act reduces the requirements necessary to search the property of a U.S citizen. This is shown in section 215 of the act which permits the FBI to go before the Foreign Intelligence Surveillance Court for an order to search for "any tangible things" ... Get more on HelpWriting.net ...
  • 26. Investigating The Crime Of A Criminal Trial In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an offender in a criminal trial. In a criminal trial, the prosecutor must prove the crime alleged of the suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant has committed the crime. Identification evidence may account for several factors, in which include: "identification by the victim of the crime. Identification by the eyewitnesses. Confessions, admissions, or incriminating statements by the defendant or his associates showing that the defendant committed the crime or was a party to the crime. ... Show more content on Helpwriting.net ... 319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress, Duration of events, Witness character, Memory decay, and several others. These variables initially can cause the witness to make a misidentification. In addition to eyewitness identification, line ups and showups are used to identify a witness or a suspect. Lineups are an identification procedure, in which the witness or the victim of the crime is able to observe and pick out any possible suspects related to the crime. As for a showup, the witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer could rely on a showup procedure and present the victim of the crime with a drive by of the detainee in an effort to identify the suspect. These identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in making a identification. The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive photo arrays include multiple photographs, usually six or eight, showing a person of the same general description. The ... Get more on HelpWriting.net ...
  • 27. Pros And Cons Of The Patriot Act The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into opposition of an intrusive police state which they believe is inevitable given the government's new powers. They consider the Act an assault on civil liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it's that the American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights. The main criticisms of the ... Show more content on Helpwriting.net ... He called this collection a "logical program" (qtd. In Isikoff), although when pressed for any examples of this database being used to stop terror attacks, Stone replied simply, "We found none." The thing about the Patriot Act that is truly terrifying, is "the lack of government candor in describing its implementation" (Lithwick and Turner). This means that the American people don't trust their government to use their powers as the people were told they would be. While many claim that the Patriot Act is an attack on Americans' civil liberties, there is a strong case for the Act and the changes it brings. An article published in the Washington Post looks at the claims made by the ACLU and systematically pokes gaping holes in them. For one, the claim that NSLs can be issued without a judge's approval is only partially true. While a normal search warrant is issued to law enforcement by a civilian judge, "the FBI can do nothing under Section 215 without the approval of a federal court."(Mac Donald, In Defense). The idea of a federal judge issuing an NSL to spy on someone who "wrote a letter to the editor that criticized government policy"(Mac Donald, In Defense) as the ACLU claims, is inconceivable. Another critique made by the ACLU is against the Act's "Sneak and Peek" provision. While described as a blatant power grab by the government, there is a long precedent for the delay of notice regarding a search warrant. Especially when such a ... Get more on HelpWriting.net ...
  • 28. The Patriot Act Essay The Patriot Act In the wake of September 11, many things happened very quickly. Along with the beginning of a '"'war'"' against terrorism, an act was passed to help prevent future terrorism in the USA. The name of this is the USA Patriot Act. The act legalizes manysurveillance techniques that were once prohibited. The act has been passed without debate, and the new privileges given to our government have not been thoroughly examined. The law enforcers of our country are now capable of monitoring the citizens in ways most people are not aware of. Some of the surveillance laws are self–terminating after four years, but many of the more important laws are permanent. What will these new surveillance laws be used for after the war on ... Show more content on Helpwriting.net ... America has a rival that we have declared war against, terrorism. But after terrorism is suppressed, whom will our country battle next and when will the adversaries show themselves? During the idleness after terrorism is vanquished, government law enforcers are given a chance to misuse the new surveillance laws. This is because there will be little for the law keepers to do other than to turn their attention to the American citizens. These laws are not made to charge average people with misdemeanors; they are to be used for national security. With monitoring techniques similar to those legalized in the USAPA being used on all of AmericaВ ЎВЇs citizens, there would be a greater sense of oppression among the people. To be oppressed and governed in such a way by police is marshal law. As a safeguard, the government added an expiration date on most of the surveillance regulations except one of the key laws. This law allows something called a pen register trap and trace device order to be modified. A pen register trap and trace device order is a court order that is used for information gathering. It is very simple to get this court order, because it originally just recorded the phone numbers made by a selected person. The court does not require any results from the tap either. ... Get more on HelpWriting.net ...
  • 29. Usa Patriot Act Essay USA Patriot Act of 2001 In 2001, George W. Bush signed a law to provided tools to catch and prevent terrorism. It was called the USA Patriot Act of 2001. It was George W. Bush's response to the terrorist attack that took place in September 11, 2001 in New York and Pentagon. The Law ensured security and safety for the citizens but it also violated individual right. The law took a lot of criticism because it violated constitutional right, and it created problems between individual right perspective and the public order advocates. In September 11, 2001 United States witnessed one of the worst attack that took place in New York and Pentagon. A lot of people died that day. And on October 26, 2001 George W. Bushsinged the USA Patriot Actit was anti–terrorism law. The USA Patriot Act gave new powers to the Justice Department. Even if the law assured us the safety, it also violated the Bills of Rights. The purpose of the Bills of Right is to protect every individual from being violated. The USA Patriot Act of 2001 violated fourth amendment. "Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law" (http://www.uscourts.gov/about–federal–courts/educational–resources/about–educational–outreach/activity–resources /what–does–0). Means that government cannot search without any warrant. And the government ... Get more on HelpWriting.net ...
  • 30. The Patriot Act: The Right To Privacy On October 26, 2001, a law was signed into congress by George W. Bush known as the Patriot Act. The initial purpose of the act was to monitor terrorist like activity that could happen on U.S. soil and that could affect the way of the American life. Although its sole purpose was to monitor suspect activity, it gives citizens little to no privacy. In Martin Letter from Birmingham Jail, he explains how he believed that a just laws should follow the code of ethics. However, this law is the farthest from having morals or being ethical, it's used to invaded the privacy of U.S. citizen. The USA Patriot Act is an unjust law, it violates the right to freedom and abuses the right to have privacy, and it can lead to unlawful consequences. The Patriot Act was created after September 11, 2001, to protect the American people from terrorism. Specifically, it allows the FBI to implement a critical vetting process. This process involves ... Show more content on Helpwriting.net ... The patriot act violates fourth amendment numerous reasons. Private phone calls and emails are being read and seen by official for terrorist activity. The United States Government has gotten authority to have more security surveillance on everyone just to be sure that they are not committing any illegal or terrorist like activity. The main purpose of the law was to protect the American people, but it is just makes them more afraid. No one should have the right to watch what someone is doing without there constant first. Without checks and balances many just laws would probably be removed and replaced with laws that could affect the lives of many. The FBI can obtain personal and very private documents with a search warrant but have an easier time of getting one. They also search before they hand you the warrant being processed that is called a sneak and peek warrant which is not considered ... Get more on HelpWriting.net ...
  • 31. The US Patriot Act Introduction Americans have always held the rights and liberties close to their hearts. Ever since we became an independent nation. After the tragic events that happened on September 11th, 2001, Citizens of America began to ponder if some of their rights and liberties should be sacrificed to prevent such an attack in the future. National unity took over the country and Americans bonded and held each other up. They stood up in the face of terrorism and the Presidents approval rating soared through the roof (from 54% to nearly a whooping 86% which is the highest level it has ever been). Sadly, the American public rallied behind the Government and provided support for an Act that will come to violate their freedoms that they cherish so much. Congress drafted the US Patriot Act in only 45 days (which leads some to believe that it was already pre–made and was just a combination of a "wish–list" that the FBI had and was waiting for the right time to implement). Still filled with a sense of national pride and deeply scarred by the terrorist attacks which occurred on September 11th, 2001, americans accepted the Act to blatantly avoid being labeled unpatriotic in the eyes of their peers and government. Still, in the face of being labeled "unpatriotic", many thousands of open minded individuals who saw what this Act could in the future openly question the Government though their cries where heard by mute ears. When the House sent the US Patriot Act to the Senate for approval in 2001, ... Get more on HelpWriting.net ...
  • 32. U.s. Defense Of Homeland Security After 9/11, the United States completely revamped its entire system of defense, policy prescription and stance with regards to terrorism; both foreign and domestic. The Department of Homeland Security was created, direct militaristic action was taken against these terrorists and domestic and foreign policy was changed in order to combat the new threat. While much of this "war on terror" was fought far away from U.S. soil, that did not stop these new policies from affecting the lives of U.S. citizens directly. The most noticeable, controversial and powerful of these policies was the U.S.A. PATRIOT Act (Breinholt, 23 –25). While the PATRIOT Act has drawn the ire of many U.S. citizens due to its far reaching effects, lack of jurisdictional or... Show more content on Helpwriting.net ... This paper will argue that not only has the PATRIOT Act been successful in its goal of stopping and deterringterrorism, but that it will continue to do so as it continues to evolve in the future. First, a short overview of the PATRIOT ACT is necessary, briefly describing what each of the ten titles in the USA PATRIOT Actis intended to do. During the Overview, this paper will emphasize the importance of specific Titles that directly halt or deter specific terrorist acts, as well as their methods of operation. Second, American citizen complaints and direct violations to the constitution will be noted as well as if and when those violations have been rectified within the act after revisions. Afterwards, previous and ongoing issues and concerns will be explained and assessed. Finally, the Act's overall success and future policy prescriptions for continued success will be laid out. Title I of the PATRIOT Act contains six sections and establishes funding for counterterrorist measures within the United States Treasury, establishes powers provided to the executive office and basically lays the groundwork for battling the threat of terrorism at home. It establishes and provides funds to specific agencies such as the FBI, prevents discrimination against Arab Americans, allows networking surveillance by the director of the Secret Service in order to prevent terrorist attacks (USA PATRIOT Act Section 105). The final section of this Title of the ... Get more on HelpWriting.net ...
  • 33. The Fourth Amendment Of The Fourth Amendment When the colonists established the bill of rights in the 18th century, the fourth amendment seemed unambiguous. The government needed to respect the right for people to be "secure in their persons, house, papers and effects, against unreasonable searches and seizures and not be violated, and no warrants shall issue, but upon probable cause." The difference between today and eighteenth century is that many more situations have come up that weren't around during the eighteenth century. New technologies, new threats and new circumstances have risen that may diminish the restriction on the fourth amendment. In order to protect society from new threats and circumstances in America, the Supreme Court expands their understanding of the fourth amendment to apply it to the new world. The idea of the respect for privacy antedates American law. Over one thousand years ago a Roman statesman by the name of Cicero says that there is nothing that should be less dishonored than the home of man and it is immoral to violate his place of safety. Although this may true, government has always had a thirst for information. One major example of this is between the English kingdom and the thirteen colonies. Until 1768 there was something known as the salutary neglect were Britain wasn't enforcing many of their laws. Due to the major debt from the French and Indian war, laws involving taxes and controlling American smugglers, needed to be put in place. One key aspect that helped enforce these ... Get more on HelpWriting.net ...
  • 34. Government Surveillance In America Government Surveillance Are the controversies true? Am I always being watched? These questions are typical questions that most Americans might be asking themselves for the past few years. For years, the American eye has been opened to everyday threats of being watched, monitored and spied on by the government. For some, this may not have come off as shocking as it may have had to other, but the problem is still there and problem is still there. The problem Americans face is the problem of being under constant surveillance by our "trusted" leaders. In America, government surveillance needs to be reduced. The Patriot Act demonstrates how much unnecessary supervision the government has on America. After America's 9/11 incident, the Patriot Act was hastily passed in regard to "protect"... Show more content on Helpwriting.net ... This will make citizens feel they can have their own privacy. It will increase the trust between the government and its people and better represent a more honest country. It will help the nation cooperate better as a whole knowing they can trust the government and let them handle their business more privately. This an easily be done by not tracking anyone through a phone company unless they seem legitimately suspicious of interfering in criminal or terrorist activity. Then and only then could they look through the persons phone information but by the consent of a judge. This will reassure the use of Checks and Balances in our government system so that a Branch does not get out of hand with its power. There will be no use of the network Prism that is used to gather all google and Facebook information from any persons unless gone through the same process as above. This would be the best way to solve the situation where the government can still watch over people without disturbing their ... Get more on HelpWriting.net ...
  • 35. The Pros And Cons Of The Patriot Act It is true that the Constitution was designed in such a way to "govern the governed" and to control itself and its various branches. Nonetheless, what is also true of the Constitution is that it protects the "governed" from those who govern, de jure. The United States' Constitution contains amendments in the Bill of Rights that expressly state the civil liberties and privileges of each member of the society that the government is compelled (at least) by law to acknowledge and uphold. However, historically this hasn't been the case. The Patriot Act, established in the aftermath of 9/11 tragedy to deal with terrorism is just one example. This essay will examine two parts of the patriot act, specifically Section 206 which speaks Roving Wiretaps and Section 213 which speaks to "Sneak and Peek" Warrants, to show how they violate civilian rights enshrined in the First, Fourth, and Fifth Amendments. Before we begin, it is imperative that we lay the foundation for this discussion by explaining first the provisions of the First, Fourth, and Fifth Amendments. The First Amendment, among other things, guarantee freedom of religion, speech, and the press. The Fourth Amendment grants rights to privacy of person and property, and against "unreasonable" searches and seizures thereof. Finally, the Fifth Amendment secure the right to fair trial. Now that we are clear on the provisions of these amendments let's look at how they are violated by certain provisions of the Patriot Act, first, ... Get more on HelpWriting.net ...
  • 36. The Usa Patriot Act : An Essential Step Against The... The USA PATRIOT Act was a piece of legislation that was signed into law to address the realities of modern terrorism. The new breed of terrorism was sophisticated and used new technologies that, according to the President, "were not available at the time that the existing laws were written", he said in his speech during the bill signing press event on October 26. 2001; a fair argument. He said "The bill before me takes account of the new realities and dangers posed by modern terrorists" and the Patriot Act was "an essential step in defeating terrorism while protecting the constitutional rights of all Americans". But how does the Patriot Act do that? How does it protect the constitutional rights of Americans? How does it help defeat... Show more content on Helpwriting.net ... America the Brave and America the Free was now America the Mortal. Amidst the panic and outcry for increased security efforts, October 26, 2001, President George W. Bush, signs H.R. 3162 into law, the USA PATRIOT Actand the first jeopardy of American freedom in the modern war against terrorism. To understand why the Patriot Act is a threat to society and freedom, one must understand the basics. First, the most powerful "Tool" under the Act is Title V or "Removing obstacles to investigating terrorism". Under Title V, any Special Agent who is in charge of a bureau field office of the FBI can issue a National Security Letter, or a demand for information by the FBI which compels the recipient to release private data in relation to an individual who is only suspected of terrorism; no confirmed relationship. NSLs have existed for some time and previously the power to issue these demands were held only by the Director and Deputy Director of the FBI. Additionally, under the Patriot Act, the scope of the NSLs power was made more broad, permitting all sorts of private data to be gathered in secret, such as phone records, computer access records, credit history and banking records. NSLs require no judicial review or probable cause and even contain a clause which forbids the recipient from ever disclosing the letter's existence; a "gag order". Second to Title V, is Title II or "Enhanced Surveillance Procedures", the name itself being very revealing of ... Get more on HelpWriting.net ...
  • 37. The Patriot Act : American Citizens Favor Their Civil... The Patriot Act American citizens favor their civil liberties granted by the law and the Constitution. Civil liberties are freedoms of a citizen granted by the U.S. Constitution without arbitrary government abridgement. They are important because those freedoms protect the people from an oppressive government and other oppressive citizens. These rights include the freedom of assembly, petition, press, religion, speech and civil rights. The rights separate the United States from a tyrannical government. The preservation of civil rights is a keystone of democracy. This allows the United States to be unique from other nations throughout the test of time. Americans also take pride in their freedoms as the Founding Fathers would have wanted them to. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or also known as the Patriot Act, however, is hampering on American freedoms, pride and the Bill of Rights. The Act was passed right after the September 11 terror attacks as a way to prevent further terrorist attacks in the United States. Although security is a necessary factor in an American's life, security should not be prioritized over personal freedom. The Patriot Act should be amended because part of the act is unconstitutional, is an attack on Americans' civil liberties and supports the vilification of Muslim Americans. The Patriot Act must be refined because a section of the law goes against the ... Get more on HelpWriting.net ...
  • 38. Patriot Act Benefits Supporting the Patriot Act will continue to be a great stepping stone towards terrorism as well as other issues that have inflected the U.S. The Patriot Act was establish after the terrorist attack of 9/11 to ensure the security of U.S citizens. I have gather enough information to state that it will be a beneficial decision to support the Patriot Act. First of all, the increase in security, has made it harder for terrorist to plan and carry out attacks. This means that the implemented factors allowed by the Patriot Act, have been working. Since the drastic event of 9/11, "[A]t least 30 planned terrorist attacks have been foiled, [and] all, but two of them [where] prevented by law enforcement.", as stated by the Heritage Foundation. If it ... Get more on HelpWriting.net ...