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.htmlHOME | 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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