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What exactly does the Patriot Act allow law enforcement to do

Published by: mike 2010-03-18
  • Dean's World: Aschroft Continues Pillaging With Patriot Act Powers!::
    Sep 21, 2003 From what I can read, it really doesn't even allow the Feds to do the things they . Let me assure you, your men and women in the law enforcement agencies of . Basically, your ravings are exactly what Dean is talking about. . They could already do that, and the Patriot Act does NOT authorize
    http://www.deanesmay.com/archives/004934.html
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    What exactly does the Patriot Act allow law enforcement to do? How does it affect the government's ability to wiretap an individual suspected of terror-related activities? This investigation is mainly a narcotics trafficking case with some peripheral links to terrorist activities. Is the extent to which terrorism is suspected to be involved in this case sufficient to trigger the provisions of the Patriot Act


  • During a supervisory debriefing of your confidential informant at 5:00 p.m. on a Friday night, you learn that one of the main targets of the investigation is allegedly trading cocaine for heroin produced in the Bekka Valley. The informant states that the individuals controlling the heroin are affiliated with the terror group Hezbollah. The heroin they produce is traded for cocaine, which is a more marketable commodity in Europe. Proceeds from the sale of the cocaine are then used to support Hezbollah operations. Your group supervisor asks you whether this information relating the case to terrorism will allow for any additional investigative measures pursuant to the Patriot Act. Specifically, she wants to know whether the ordinary wiretap provisions apply. No one in the office has ever worked on a case involving the Patriot Act. The opinion must be drafted in a concise document, which she needs by 10:00 a.m. Monday morning for presentation at the executive meeting held with the special agent in charge. Since the entire group will likely be working on this investigation as well, she tells you to select as many agents from the group to assist you. She says that she knows it is delegating a lot of responsibility to you, but she knows you can handle it. Your memo should answer the following questions: What exactly does the Patriot Act allow law enforcement to do? How does it affect the government's ability to wiretap an individual suspected of terror-related activities? This investigation is mainly a narcotics trafficking case with some peripheral links to terrorist activities. Is the extent to which terrorism is suspected to be involved in this case sufficient to trigger the provisions of the Patriot Act?


  • I forgot these: How the USA-Patriot Act Expands Law Enforcement "Sneak and Peek" Warrants http://www.aclu.org/privacy/gen/15118res20020307.html Surveillance Under the USA PATRIOT Act (4/3/2003) http://www.aclu.org/safefree/general/17326res20030403.html Do these help?


  • I know you want to catch drug traffickers. But let's consider something: Even if the Patriot Act does by some reasoning permit extra priveldges to law enforcement in this case, is it wise to invoke the Act just to get at some drug dealers? The more that law enforcement -and govenment agencies in general- find the Patriot Act to be a convenience, the harder it's going to be to repeal the Act in the future, when it become arguable that terrorism is of negligible threat. The threat of terrorism will have passed, but the Patroit Act will live on, legally empowering the authorities to interfere with peoples' privacy. I'm not trying to say that the drug market is a good thing, or a trivial thing. But we must not make law enforcement *too* easy. One of my favorite quotes: "The policeman's job is only easy in a police state."


  • ?


  • 10am - Today? Bummer, wish you had stated that in your question... Do the local police have new powers under the PATRIOT Act? http://www.ala.org/ala/oif/ifissues/issuesrelatedlinks/usapatriotactfaq.htm ..."State and local law enforcement agencies cannot get FISA search warrants or NSLs for library records. They can, however, participate in joint terrorism task forces with federal agents, and, under the ECPA, apply for extended wiretapping authority, including the monitoring of electronic communication and Internet usage. This authority allows them to install monitoring devices on publicly accessible equipment, including library computers. The gag order imposed by the ECPA still applies under these circumstances..." EPIC's Information Page http://www.epic.org/privacy/terrorism/usapatriot/ My take is that in order to use any provisions of that Act, you must be working with a Federal Agency, or get approval from same to use these extra powers.


  • ..."Is the extent to which terrorism is suspected to be involved in this case sufficient to trigger the provisions of the Patriot Act..." It really doesn't matter, they will use the Patriot Act as their probable cause/reason, then after they have upset the apple cart and business has ceased, the attorneys will challenge their methods in court and may be deemed wrong. But to law enforcement, the ends justifies the means. --Whoops! We were wrong, sooooo sorry.





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