4th Amendment and the Patriot Act Part I
USA PATRIOT ACT (USAPA) introduced changes which significantly increase the surveillance and investigative powers of law enforcement agencies in the US. These new powers included criminal as well terrorism activities. The ACT did not provide for a system of checks and balances that safeguard civil liberties. Probable cause and judicial review were frequently replaced by certification by law enforcement officials. In this process a law official appears before the court and certifies that the requested procedure is for a criminal or terrorism investigation. The Court has to approve it. There is no judicial opinion involved. Other methods used to avoid judicial review are the allowable use of subpoenas and search warrants.
Friday, September 26, 2008
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