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Dangers of the Patriot Act-Final

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Submitted By eponi82
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Section 213, The Sneak and Peak Search Warrant

After the devastating events of 9/11, George W. Bush was under great pressure to restore the nation’s confidence and security. Acting fast, the lengthy and complex Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or USA Patriot Act was established on 26 October 2001 “just forty-five days after it was introduced” (Alex, Carrington, & Ward, 2008). The aggressive security measures combined with “the vague nature of the wording and the broad exception clauses” has steadily kept the light on the Patriot Act (Theissen, 2012).
The Patriot Act was supposed to protect and builder a stronger defense against terrorism, to prevent future attracts on U.S soil. Instead it allowed law enforcement to violate the people’s civil right to privacy. It is an “example of a good idea gone too far [and] how the Patriot Act has been used in an effort to expand government powers in areas having nothing to do with terrorism” (Dempsey, 2012). Debatably, the amendment is written for open interpretation for law enforcement to use as they see fit. This is seen when “from 2006-2009, [Section] 213 was abused 1,740 times granting sneak and peak search warrants involving drugs [and] or fraud, … only 0.8% sneak and peak warrants were used in the suspicion of terrorism” (Timm, 2011). This is a clear violation of the Fourth Amendment which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” (Legal dictionary, 2012).
Sixteen sections in the Patriot Act have what is called a Sunset Provision, meaning “a statutory provision providing that a particular agency, benefit, or law will expire on a particular date, unless it is reauthorized by the legislature” (Legal dictionary, 2012). Section 213 was one of the sections set to “expire December 31, 2005” (foxnews.com, 2005). The Patriot Act had been under continuous scrutiny and lead to nine months of debates in the house and senate because a bipartisan group “[could] support a conference report that would eliminate the modest protections for civil liberties” (Washingtonnews.com, 2005). The reviewed sections was “not reaffirmed until March 16, 2006”, three months past its deadline (PBS newshour.org, 2006). Grievances were so strong that the group of senators has been quoted “in a letter to negotiators and the Senate Judiciary Committee…If further changes were not made, we will work to stop this bill from becoming law” (washingtonnews.com, 2005). With the extension ready to expire, it could be said that revisions were rushed. It is not surprising section 213 had little change; it is still allotted a broad spectrum of authority.
The Patriot Act section 213 is misleading, in 2004 President George W. Bush Jr was quoted “The Patriot Act provided a clear national standard and now allows these warrants to be used in terrorism cases” (georgebush-white-housearchives.gov, 2004). It is clear the early campaigns were towards terrorism.
It has been repeatedly debated that the vague use of language leaves the sections open to interpretation, leading to abuse of power. To “…allow these warrants to be used in terrorism cases” when acts were already in place to prevent foreign attracts (georgebush-white-housearchives.gov, 2004).
“In the 1978, the first anti-terrorist provision enacted was the Foreign Intelligence Surveillance Act, FISA, which became the model for the Patriot Act” (Baillie, 2012). This act had restrictions section 213 doesn’t. For example,” FISA was used for solely foreign entities that posed a threat to national security” (Baillie, 2012), Section 213 is not directed to terrorism but to suspicion of “…drug trafficking, organized crime, and child pornography” (justice.gov, 2012). One needs to remember that FISA was not introduced under duress but forethought preparation of the cold war.
One may argued the sneak and peak search warrant is used for the greater good, that either way criminals will be captured. But laws were already in place when a sneak and peak warrant was needed in case of “… 1) an individual's physical safety will be endangered, (2) someone will flee prosecution, (3) evidence will be tampered with, (4) potential witnesses will be intimidated or, (5) an investigation would be jeopardized or a trial unduly delayed” (aclu.org 2011).
We as a nation reacted in the direct result from our fear and shock from 9/11. Key players and law enforcement played a heavy hand in a strategic move to gain greater power of authority because of “… lack of continual congressional oversight” (Ballie, 2012). It seems to me the Patriot Act had only loosened the leash on some of the more aggressive tactics of law enforcement; which lead to blatant wrong doing in the name of security and protection.

References:
Carrigan, M., Alex, T., & Ward, C. (2008, March). The US Patriot Act Deconstruction, Civil Liberties And Patriotism | Carrigan | Journal of Business & Economics Research (JBER). The Clute Institute. Retrieved December 10, 2012, from http://journals.cluteonline.com/index.php/JBER/article/view/2397

J, D., Theissen, M. A. N., & Phil, M. (2012). The PATRIOT act - A closer look on sec. 213 and sec. 215. GSTF Journal of Law and Social Sciences (JLSS), 1(2), 103-108. Retrieved from http://search.proquest.com/docview/1095613577?accountid=32521

Dempsey, J. 2012, December 5. Re: Sneak-and-Peek in the Full Light of Day [Online forum comment]. Retrieved http://apps.americanbar.org/natsecurity/patriotdebates/213-2#rebuttal

Trimm, T. (2011, October 26). Ten Years After the Patriot Act, a Look at Three of the Most Dangerous Provisions Affecting Ordinary Americans | Electronic Frontier Foundation. Electronic Frontier Foundation. Retrieved from https://www.eff.org/deeplinks/2011/10/ten-years-later-look-three-scariest-provisions-usa-patriot-act

Free Online Law Dictionary. (n.d.). In Legal Dictionary. Retrieved December 10, 2012, from http://legal-dictionary.thefreedictionary.com/Sunset+Provision

Obama Signs Last-Minute Patriot Act Extension | Fox News. (2011, May 27). Fox News - Breaking News Updates | Latest News Headlines | Photos & News Videos. Retrieved December 10, 2012, from http://www.foxnews.com/politics/2011/05/27/senate-clearing-way-extend-patriot-act/|date

Johnson, R. (2012) "Civil Liberties Post-September 11: A time of Danger, A Time of Opportunity," Seattle Journal for Social Justice: Vol. 2: Iss. 1, Article 47.
Available at: http://digitalcommons.law.seattleu.edu/sjsj/vol2/iss1/47

Audrey Hudson, T.,Washington Times. (2005, Nov 18). Patriot act renewal resisted by bipartisan group. Washington Times. Retrieved from http://search.proquest.com/docview/409873795?accountid=32521

The Online NewsHour: Domestic Security | The USA Patriot Act | PBS. (2006, March 27). PBS: Public Broadcasting Service. Retrieved December 10, 2012, from http://www.pbs.org/newshour/indepth_coverage/terrorism/homeland/patriotact.html

President Bush Calls for Renewing the USA PATRIOT Act. (2004, April 19). Welcome to the White House. Retrieved December 10, 2012, from http://georgewbush-whitehouse.archives.gov/news/releases/2004/04/20040419-4.html

Bailey, J. D. (2012). The Constitutionality of the Patriot Act: Examining Section 213 - Student Pulse. Academic Articles. Online Academic Journal - Student Pulse. Retrieved December 10, 2012, from http://www.studentpulse.com/articles/622/the-constitutionality-of-the-patriot-act-examining-section-213

What is the USA Patriot Web. (n.d.). Preserving Life & Liberty. Retrieved December 10, 2011, from http://www.justice.gov/archive/ll/highlights.htm

How the Anti-Terrorism Bill Expands Law Enforcement "Sneak and Peek" Warrants | American Civil Liberties Union. (2001, October 23). American Civil Liberties Union (ACLU). Retrieved December 10, 2012, from http://www.aclu.org/national-security/how-anti-terrorism-bill-expands-law-enforcement-sneak-and-peek-warrants

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