Introduction
During the wake of the September 11, 2001 attacks, Congressional leaders from both parties worked to pass legislation that would give law enforcement new powers in order to prevent and investigate terrorism. The bill, known as the USA PATRIOT Act (officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act), was signed into law on October 26, 2001.
Expansion of Law Enforcement's Authority
The Patriot Act expanded law enforcement's authority to spy on American citizens and also dramatically reduced the ability of the public to challenge those searches in court. The Act was rushed through Congress and received little debate or discussion before it passed, even though the Bush Administration had been warning of further terrorist attacks on US soil.
Its sweeping changes to surveillance laws greatly expanded law enforcement's ability to obtain information about Americans without a warrant or any suspicion of wrongdoing, and to do so with no limit on the size of the search. It also eliminated many of the checks and balances that have long protected our rights and civil liberties.
Impact on Search and Seizure
In particular, the Act eliminated many of the restrictions that had been placed on the use of "sneak and peek" searches and seizes. It also extended the government's ability to gain access to personal financial information and student records simply by certifying that the information likely to be obtained is relevant to an ongoing criminal investigation.
Authority for Roving Wiretaps
Another section of the Act gives federal agents the authority to conduct "roving wiretaps" in national security investigations as well as in ordinary criminal cases, allowing them to follow suspects' location and communication devices like cell phones and radios. The roving wiretaps, however, must be authorized by a judge.
Controversy and Arguments
This law has stirred controversy, with some arguing that it violates the Fourth Amendment's protection of privacy by authorizing government agencies to essentially spy on citizens without any justification or notice. Others argue that it is a useful tool for the FBI in tracking terrorists and that it has facilitated their successes in the War on Terrorism.
Enhanced Information Sharing
The Act provides that law enforcement and intelligence agencies may exchange any information they obtain about suspected terrorism or intelligence crimes, including the identities of people who have provided information to the agencies, the locations of such people, and the types of information collected. This information sharing is especially helpful for investigating and prosecuting terrorism cases because it can help federal agencies identify possible witnesses, obtain evidence, and determine the nature of the charges against a person.
Cooperation among Law Enforcement Agencies
Besides enhancing information-sharing capabilities, the Act allows the FBI and other federal agencies to consult freely with each other about what investigative methods to use. This is a significant change from the former system, which had limited cooperation among the different law enforcement agencies involved in an investigation and made it difficult for investigators to share important information.
Reporting Requirements
In addition, the Act requires that law enforcement agencies submit unclassified reports to the Congress and the judiciary on all requests for subpoenas, surveillance orders, and wiretaps. The reports must include the total number of such orders granted, modified, or denied. The reports must also be accompanied by an explanation of how the information was obtained.
