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At the same time, it enables the federal authorities to identify and intercept communications made with malicious intentions (Henderson, 2001).
The fourth amendment does not cloak information such as an individual’s bank and telephone records to and from an individual’s account. Title III of the Omnibus Crime Control and Safe Street Act of 1968 limits some of the authorities given by the patriotism act, while at the same time living a very narrow margin for electronic surveillance (Kraft & Furlong, 2013).
The act certainly intended for a close, and symbiotic relation amongst foreign intelligence investigations, criminal investigators, much greater emphasis was in international terrorism cases. Due to this, it amends the Foreign Intelligence Surveillance Act (FISA). Initially to apply for FISA, an order to do some surveillance under FISA required one to certify that the reason for the surveillance is to obtain foreign intelligence information. This lead to the defendants frequently questioning whether the FISA order was applied to them to avoid the predicate crime threshold. This led to the notion that there might be other reasons for the application of the FISA order. Criminal prosecution was in the spotlight, and it was required to end the surveillance or secure an order under Title III (Henderson, 2001).
Even though, both foreign intelligence and criminal investigations are carried out in the US. A criminal investigation is after information about illegal activities whereas foreign intelligence is not restricted to hostile, criminal or governmental activities since what is important is it being foreign (Henderson, 2001). Though a complete ban on FISA Act is not present, the Supreme Court cleared the air by saying presidential authority to attain national security was not enough to excuse warrantless tapping of a suspect with no identifiable foreign connections
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It was quickly accepted by Congress just a month and a half following the September 11 attacks. Pressure to pass anti-terrorism legislation prevailed over the need to understand what the 342 page Act entailed and the Act became federal law in October of 2001.
This research will begin with the statement that the USA Patriot Act was a sweeping piece of legislation that was enacted into law by Congress shortly after the terrorist attacks on the World Trade Center on September 11, 2001. This new law provided for increased powers of surveillance for law enforcement agencies in this country.
This Act enhances law enforcement by providing a number of investigatory tools. It aims to punish the perpetrators of terrorism at home and the world. This Act fortifies measures to prevent, detect, and prosecute the perpetrators of international money laundering and financing to terrorist activities (USA PATRIOT Act).
The aim of the act is to detect the criminals who are within the US borders, get hold of them and put them through a legal trial before they engage in committing such criminal activities that would endanger the lives of the American people (Mac Donald, 10).
This was ensured both, for the enforcement of law, and for the purpose of gathering foreign intelligence. It assisted the secretary of the treasury with regulatory powers to encounter the corruption of United States financial institutions efficiently. The act assists in enforcing new criminal laws, new forms of penalties and efficiencies in procedures for using against both domestic and foreign terrorists.
However, prior to reviewing the effect that the United States of America Patriot Act has on the law enforcement, it is of paramount importance to understand what the Patriot Act entail. The Patriot Act was signed into law by on October 26th, 2001 by President Bush and was aimed at Strengthening and Uniting America by obscuring and intercepting terrorism, through the provision of appropriate tools (USA PATRIOT Act 107).
Among other aspects of the law, the PATRIOT Act gives law enforcement more authority to collect personal information when dealing with national security issues. It also enhanced the legal definition of the word terrorism to include domestic terrorism thereby expanding the scope of activities, including surveillance of American citizens without a warrant.
The act was formed as a counter reaction to frequent terrorist attacks on America, the most significant of which has taken place on the 11th of September. The act’s purpose is to provide US law enforcement agencies with special powers to assist in preventing future terrorist attacks (Etzioni, 2004).
USA Patriot Act 2001
Widespread fear and panic amongst the citizens of America due to the fear of a 3rd terrorist attack led congress to pass a law that they felt would give the government more security and control over the situation. October 23, 2001, Republican Rep.
It also extends to what people read in libraries and book stores, what people look at or even purchase (Colorado.edu par 2-4).
The US Patriot Act gives the government more power in four key areas (American Civil
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