USA Patriot Act Violates Criminal Procedure

The USA Patriot Act should not pursue because of various provisions violating the bill of rights and the rights of the accused. By looking at the provisions at the consequences of the implementation of the act, there is indeed an unwarranted intrusion into the privacy and other civil liberties which has been bestowed by the Constitution among the citizens. Apart from that, the procedure that is necessary in conducting criminal investigation has been violated through because of the secrecy in conducting the searches. The very gist of the search which is probable cause has also been precisely violated through the secret court. A valid search also requires a notice to the owner of the house or office where the search is to be conducted. However, under the Patriot Act, the federal authorities can obtain a secret warrant and can search the place secretly. Consequently, a person accused cannot possibly defend himself nor challenge the validity of the search. USA Patriot Act Expands Executive Power The USA Patriot Act should also be eliminated because it has disturbed the principles set on the Constitution. The Act has remarkably expanded the power and jurisdiction of the executive branch. The war that has been declared drastically by the president has not clearly gone through the process expressed by the Constitution. The executive department has also been bestowed with vast power in making surveillance, investigation, evidence and intelligence gathering, imposition of penalties, term of statutes of limitations, and detention of immigrants, among others (Howard, Forest, and Moore, 2005, p. 372). Apart from the curtailment of civil rights, the Patriot Act should not pursue on the bases that it has caused a considerable damage on the country’s image and economy. Right after the attack, the country has bombarded Afghanistan and Iraq. The country has spent a considerable amount for the wars and all the surveillance equipments. The leaders of terrorist have also been executed. More significantly, the fear of terrorism is only reverberating on the mind of the government and not on the citizens. It’s has already been eight years since the horrific attack and has been long years for the curtailment of the civil rights. Significantly, there has been a disturbance on the basic principle of checks and balances due to the acts of the executive branch. Today, the country is under a new administration, Iraq and Afghanistan have also been devastated and there have also been recorded civil liberties violations. Hence, today is the right time for the non continuance of the USA Patriot Act. From the above stated, the USA Patriot Act should be eliminated. Conclusion The USA Patriot Act was criticized since its enactment because of its provisions which has effectively curtailed civil rights and expanded rights of other agencies violating also several statutes. Right to privacy was no longer respected. Apart from that, from the very inception of the Act, government abuses were prevalent. The country also engaged in wars which have cost the country lives and money. More importantly, the Act has extended beyond the set established principles in the Constitution. Significantly, the terrorist group leaders have already been executed and Afghanistan as well as Iraq was devastated. Any sign of terrorism has also been eliminated. Instead of the Patriot Act, the government should divert of looking into other alternative of securing the country’s borders without compromising the citizen’s rights. Hence, by reason of the countless violations and curtailment of rights by the Act, the Act should not continue and should be eliminated. References Berkman Center for Internet and Society. (2009). Introduction to Module V: The USA Patriot Act, Foreign Intelligence Surveillance and Cyberspace Privacy. Retrieved June 1, 2009, from http://cyber. law. harvard. edu/privacy/Introduction%20to%20Module%20V. htm Electronic Privacy Information Center. (2009). HR 3162 RDS. Retrieved June 1, 2009, from http://epic. org/privacy/terrorism/hr3162. html Essex, D. Public Libraries. Opposing the USA Patriot Act: The Best Alternative for American Librarians. 2004, 43[2004], p. 331. Howard, R. D. , Forest, J. J. F. , and Moore, J. C. (2005). Homeland security and terrorism: readings and interpretations. McGraw-Hill Professional. Plesser, R. L. , Halpert, J. J. and Cividanes, E. W. USA Patriot Act for internet and