For this assignment, we will analyze the constitutionality, effectiveness, and legality of the provisions of the Patriot Act. It involves the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. However, there are some key problems with the Patriot Act. An example is the delayed-notification warrants, which allows law enforcement to conduct a covert search without informing the suspect. We will also discuss other controversial parts of the Patriot Act. This will help in understanding the entire scope of this argument. We will also determine how the Patriot Act violates the Fourth Amendment.
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CONTROVERSIAL PROVISIONS OF THE PATRIOT ACT
There are several controversial parts of the Patriot Act. One was section 213, which allowed searching without informing the suspect. However, the government appealed to this move. Another was section 215, which allows bulk data collection. These are just some of the problems with the Patriot Act. Others include Intelligence Wiretaps, Section 218, Trap and Trace Searches, Section 214, and Roving Wiretaps, Section 206. However, congress justified some of the provisions of the Patriot Act. It provides specifically that nothing in the Act creates new requirements for technical assistance, such as design mandates.
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CONSTITUTIONALITY AND EFFECTIVENESS AND WAYS PATRIOT ACT VIOLATES THE FOURTH AMENDMENT
One of the problems with the Patriot Act is the violation of the Fourth Amendment. It permitted warrantless searches and did not require notification of the target. Similarly, Section 218 allowed the FBI to conduct surveillance of U.S. citizens without showing probable cause of criminal activity. There are numerous debates about these controversial parts of the Patriot Act. According to critics, the sneak-and-peek searches authorized by Section 213 were clearly “unreasonable.” Critics also charged that Section 215 undermined the First Amendment freedoms of speech and association. It permitted conducting searches based on the target’s exercise of these rights. They promoted the elimination of these provisions of the Patriot Act.
Read more of the ways the Patriot Act violates the Fourth Amendment at
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