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 |
Request for Question Clarification by
cynthia-ga
on
06 Aug 2006 13:07 PDT
..."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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Request for Question Clarification by
cynthia-ga
on
06 Aug 2006 13:09 PDT
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?
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Clarification of Question by
slimm-ga
on
06 Aug 2006 14:48 PDT
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?
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Request for Question Clarification by
cynthia-ga
on
07 Aug 2006 12:17 PDT
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.
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