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I hear a lot of people complain about the USA PATRIOT Act, making claims about warrantless wiretapping, Big Brother tactics, etc. and about losing their civil liberties. I've received conflicting information about whether or not the FBI has to seek a warrant to do these things. If it doesn't, at least regarding American citizens, that would seem to me to be a violation of the Fourth Amendment.
Does it or not? Please back up your answer with a factual link, meaning an actual news or information site, not a blog or opinion piece.

2006-08-16 08:04:20 · 1 answers · asked by Chris S 5 in Politics & Government Law & Ethics

1 answers

It provides for judicial oversight in the text, in some places. Link below is to the Library of Congress page for the bill, which includes its text and legislative history.

Title IV Section 412 includes provisions for judicial review in detentions, and Title II deals with warrant requirements for electronic surveillance.

However, the problem is that those provisions don't always get enforced, because the Executive branch (in charge of enforcing them) doesn't do so when the laws get in the way of what Bush wants to accomplish.

Also, read the Fourth Amendment and the several hundred cases that have addressed. Nowhere does it mention "citizen". The 4th, 5th and 6th Amendments are limitations on government action, and apply to anyone under US authority or control.

As far as warrantless wiretapping, read 50 U.S.C. §1801 et al. Warrantless wiretapping is illegal under FISA if anyone US citizen or resident alien is a party to the conversation. Also 18 U.S.C. § 2511: Compliance with FISA "shall be the exclusive means by which electronic surveillance... may be conducted". See second and third links below for citations to the text of the relevant laws.

2006-08-16 08:10:50 · answer #1 · answered by coragryph 7 · 1 0

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