Unconstitutional “Patriot” Act Extended

As most of you may know, the so-called “Patriot” Act was recently extended. It was originally thought that the act would pass without opposition, but the Patriot Act failed the House vote originally by eight votes. It was later passed once it was put up for a second vote where only a majority was needed instead of two thirds. On Tuesday, the Senate passed a three month extension of the “Patriot” Act by a 86 to 12 vote. Some Senate members are attempting to pass the act permanently.

Much of the opposition in the Senate was led by Senator Rand Paul. “Now we have essentially government agents, akin to soldiers, writing warrants; it’s ripe for abuse,” said Senator Paul. The senator has also posted a press release explaining why he opposes the Act and encouraging his fellow congressmen to do the same.

In his letter, Rand Paul cites American revolutionist James Otis, who argued against general warrants and writs of assistance. During his time, they were often used without judicial approval by British soldiers and included no restrictions or description of what or where was to be searched or seized. He described these warrants as “the worst instrument[s] of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever w[ere] found in an English law book.” His objected was based on his belief that these warrants “placed the liberty of every man in the hands of every petty officer.” Rand Paul analogously described his resistance to the “Patriot” Act as similar to Otis’s opposition to the writs of assistance.

Rand Paul addressed the Senate, arguing against the “Patriot” Act. He later discussed the “Patriot” Act’s renewal with Judge Andrew Napolitano on Freedom Watch:

Ron Paul also led the opposition in the House; unfortunately, his words fell on deaf ears. You can hear his address to the House of “Representatives” here.

According to Rand Paul in the video above, the “Patriot” Act has been used 200,000 times in the last ten years. Furthermore, so-called “suspicious bank accounts” were reported 2,000,000 times, from banks to the FBI. These bank records also merit some attention; most of these 2,000,000 bank records were from American citizens! This is an enormous infringement on privacy.

The Provisions that were set to expire and were voted upon are perhaps the worst parts of the “Patriot” Act, and addressed roving wiretapping, governmental seizures, and the “lone wolf provision.” The roving wiretapping allows law enforcement officials to use surveillance without identifying the individual who is going to be wiretapped or at what location. One section allows governmental seizures of “any tangible thing.” The “lone wolf” provision allows electronic monitoring of a person without proof that the suspect is an foreign agent or terrorist.

It should be clear that the so-called “Patriot” Act is an enormous infringement to our 4th amendment right to privacy, ignores the fact that only judges can issue warrants. However, for those of you who may be skeptical, here is the text of the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Think about it. Under the “Patriot” Act, law enforcement can participate in searches and seizures without a Judge’s approval. Now all it takes is an FBI letter, and their decision can be based on arbitrary terms; they can essentially search, seizure, or surveille anything they want. Anyone – law-abiding American citizens included – can be victims of the “Patriot” Act. 200,000 American’s already have. You no longer have a right to privacy, America.

The “Patriot Act” is anything but patriotic. We’re not drifting towards a police state, we are already there.

Patriot Act Soon to be Renewed

We all want to feel safe. We want to feel the government is protecting us, but at the same time we want to feel that our freedoms are preserved. The Patriot Act infringes upon our civil liberties under the guise of security. Portions of the bill are soon up for renewal, and it has gotten there with very little press. It appears it will go renewed silently, without opposition.

The Patriot Act, originally passed in George W. Bush’s presidency in 2001, greatly reduced the privacy of Americans. Law enforcement agencies love this act because it gives them the ability to monitor telephone and email communications, as well as financial records much more easily than ever before in the history of the United States. As I’m sure most of you are aware, it’s intended to help curb terrorism (including domestic terrorism). The act passed easily in Congress, where it was supported by Republicans and Democrats. Interestingly, George Bush took some negative criticism over the Patriot Act, primarily from Democrats, despite the fact that many Democrats supported the bill. The bill was reauthorized in July, 2005 and passed into law in 2006.

The Patriot Act indeed threatens the fundamental civil liberties of Americans. One of the problems with the Patriot Act is that it is very broad and can apply not only to terrorists, but to suspected terrorists, lawful citizens, and essentially anyone deemed as a potential or suspected terrorist. Who defines what a terrorist is? Who comes up with the criteria? It should be obvious how easily this can be abused. This is only among the most obvious flaws of the Patriot Act. It has allowed the creation of things such “sneak and peak warrants,” wiretapping without a warrant, indefinite detention of immigrants, and several other atrocities.

President Obama renewed three provisions of the Act about a year ago. It’s now up for renewal again.

There is a good summary of the bill here, by the ACLU, that details the problems with the bill. You can also view an analysis of it by CATO, here. Within the bill, they detail roving wiretaps that allow the government to spy on individuals and even raid any place an individual has been over the past year. Section 215 allows the seizure of whatever records they want, including email, phone, and financial records. They don’t even have to let you know they’re doing this.

For those interested, a petition can be found here.

Good intentions often have negative, unintended consequences, and this is absolutely the case with the USA Patriot Act. Yes, we want to feel safe, but at what cost? I believe the cost here is far too high. When society allows such freedom for law enforcement and, consequently, such a loss of civil liberties and privacy, we should expect for our rights to only continue to be eroded. The Patriot Act has been in existence for ten years. Recently we’ve seen the installation of body scanners and more invasive pat-downs at airports. What’s next? It’s a wonder we don’t have such security at bus stations and malls yet. How long until the idea of a warrant is accepted as a foreign concept? Trading our freedom for security is a mistake we will have to pay for in the future.

Unfortunately, it’s the path America has chosen to walk.

Fourth Amendment? What Fourth Amendment?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It is another sad day when it comes to our constitutional rights. The fourth amendment – which protects our rights against illegal searches and seizures – has essentially been nullified. Wednesday, the Supreme Court ruled that evidence obtained illegally should still be valid in court as long as it was obtained as a result of a police error or mistake.

The case arose as a result of police entering the Alabama home of Bennie Dean Herring when they thought they had a warrant, when they legally did not. The warrant in question had been recalled over 5 months earlier, yet the police proceeded to act on it. Chief Justice Roberts said the evidence could be used “when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements.”

The Supreme Court ruled 5-4 on this issue. Ironically, the court recognized that this case violated Bennie Herrings 4th Amendment rights, yet they upheld the drug and gun conviction.

Up until this ruling, evidence obtained illegally – regardless of it was done intentionally or by mistake – would be thrown out of court.

The fruit of the poisonous tree doctrine has been what courts have followed; essentially, evidence obtained through information that has been illegally gathered is not admissible in court. Essentially, this doctrine has also been thrown out as long as the illegal gathering of evidence was because of a “police mistake.”

The real problem here, aside from the blatant disregard for the Bill of Rights, is that there is no method of determining what was a police mistake and what appears to be a police mistake. This has long since been a problem, but now it’s bound to increase drastically. If an officer illegally enters my home, finds evidence of something illegal, but did not realize he didn’t have a warrant, that is one thing; but if an officer pretends he didn’t know he didn’t have a warrant yet the evidence is still admissible in court, that is another thing entirely.

Many people will not realize the importance of this decision. This decision by the court will have long-term consequences. By the time the average American realizes it, it will be too late. Our fourth amendment rights are essentially gone, unless we keep our trust in the honesty of individual police officers (which I’m not too keen to do).

This is yet another step towards a police state. A huge step. In my mind, this is much worse that the illegal Bush wiretapping without a warrant. Now they can not only wiretap without a warrant, they can search your home!

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