“Congress recently voted not to block a portion of the Patriot Act allowing the government to monitor Americans’ reading habits. What clinched the vote was information provided by the Justice Department indicating that last spring a suspected terrorist had used e-mail services at a public library.
As terrifying as this idea might be, what was even more terrifying to Samuel Dash were the incursions already made on Americans’ rights. The Patriot Act now allows the government to tap phones and search homes without probable cause. Government agents may also sneak into homes of Americans and obtain evidence without giving residents prior notice.” Read More.
Absurd
The USA PATRIOT Act does not allow the government to “tap phones and search homes without probable cause.”
It is absurd to make that argument. If one, even one who is not trained in law, were to read the Act, especially §201-216 that would be evident.
§ 215 is the section that amends the FISA (50 USC 1861) authorizing application by (specific supervisory) Federal law enforcement agents to request Court orders to issue subpoenas for business records (library records included). This section does not require the judge to whom the request for subpoena to actually issue the order. That decision made by the judge is determined just like any other court order based upon its merits and of course probable cause.
§ 223 also provides for civil penalties and establishes minimum damages to those whose rights were violated by Federal agents, or those acting under the color of Federal authority during an investigation. Criminal penalties against the persons are also possible under 50 USC 1809.
The uproar over section 215 is absurd and the claim that it allows warrants to be issued without probable cause is specious. In fact §215 requires the judge to make a determination that the application for an order (subpoena or warrant) meets the requirements of the law. That is why we involve two branches of government – executive in the person of the AG and his officers, and the Court through its judges.
As to searching homes without probable cause the same arguments apply as above, there must be probable cause and the Court is always involved.
The need to delay notification of a search warrant should be apparent to everyone. If one is a breaking the law it may be advantageous to search their home with a valid warrant when they are not there to find evidence. It may aid the investigation that they not know immediately. §213 of the Act amends 18 USC 3103a . Please note that his does not allow the Federal officials to avoid telling the subject of the warrant that there was a search. It only allows the delay of notification. The subject must be told there was a search. To delay notification the Court must be convinced that there is a reasonable cause to approve the delay in notification.
The USA PATRIOT Act is not a terrible attack on our Civil Liberties as some make it out to be. It does make it tougher for terrorists and criminals to organize and work in our nation. It also benefits all of our law abiding citizens. Heck §1011 even protects us from telemarketing fraud.
Reading these documents, which are freely available, would provide clarity.