The Fourth Amendment is a bill in the United States Constitution, and it acts as a restriction that limits government law enforcement bodies to exercise brutal power to its people but rather serve to protect the right and province of the citizens. Sometimes, law enforcement bodies uses excessive force to conducts search on citizen homes, invading thei r privacy rights, without the relevant legal warrant document, and in such kind of a case the Citizen may seek legal action to obtain exclusionary rule, which prevent the police from analyzing or use evidence the evidence collected through violation of the defendant constitutional rights. The Fourth Amendment states that it a right to the citizen to be secure in their properties, workplaces, documents, and person, furthermore it restrict police for conducting unnecessary searches and seizure on people without a valid legal warrant issued by the judge.
The Exclusionary rule is found in the Fourth Amendment and was implemented to protect citizens from illegal searches and seizures conducted by the police officer and legislators who use the evidence illegally against the accused defendant. At a time these accusations violate the Fifth Amendment in the bill of rights in the United States Constitution which state that no person shall be forced to testify in a case against himself or herself.
Violation of the Fourth Amendment by Law Enforcement
A law journal which was written by Justin M. Sher, “travel at your own Risk” the American government does not require a legal warrant when investigating American citizens who live in foreign countries. The United States Court of Appeal for the Second Circuit gave an opinion in a case where the American Embassy was bombed by terrorists in Kenya a country in East Africa. For the first time in American history, the High Court of Appeal ruled that the United States government is not needed to possess a legal warrant in order conduct search in foreign countries especially when the search and seizure hurt the American people. Justin states that the Court authorized American law enforcement bodies to conduct searches and Seizures in foreign countries without any legal warrant. This ruling made by the court violates the Fourth Amendment.
The US Patriot Act.
The case outlined by Justin is one of well-known violation of the Fourth Amendment by the government which occurred then September 11th, 2001 terrorist attack New York City. The national security division which executes both intelligence function and national security got established in 2006 after the Patriot Act reauthorization. The NSD merges the primary National security function with the department of justice with the goal to fight terrorism and any threats to National security.
A law journal published by Susan N. Herman, The USA Patriot Act and the submajoritarian fourth amendment in the constitution outline that a patriot is an act that offers the administrative division with additional tools to help the investigation and controlling terrorism. The Congress is described to have acknowledged that it had made a quick judgment and it was difficult to predict the effectiveness of the new tools. Susan also outlined that the Patriot Act had created strong reactions and existed a big gap between the forms of distress elevated by the well-versed critics and the types of the question the will query in applying the Submajoritarian Fourth Amendment law.
Furthermore, Susan reports that the procedural of the Fourth Amendment protection was confined even before the creation of the Patriot Act. Since September 11 the Supreme Court decided in favor of the national government and this case some law enforcement conduct investigation even on the road whereby lay roadblock, conduct search and even arrest the car occupant.
Toni Panetta writes about the Patriot Act which was drafted to save the succeeding generation from the menace of terrorism attack and correct the failure of the national security to prevent September 11, 2001, New York attack. The Act aimed to promote access and sharing of information between different law enforcement agencies and intelligence agency, to search antiterrorism intelligence and take advantage of the flexible arrest warrant, to confiscate funds used in funds terrorism activities and finally to execute compulsory confinement and instant deportation of non- US citizen who are found guilty being members of terrorist organization.
Professor Kam C. Wong in his journal law, “The Making of The USA Patriot Act 1.” He states that the aftermath of September 11, 2001, which claimed the lives of over 2000 American. President Bush declared combat on terrorism and promised to use all useful resources in the United States to defeat their enemy, where the Congress which responsible for legislative dynamic process drafted and approved the Patriot Act which was handed over to the president and signed it to become law on October 26, 1001. The patriot act gave the security agencies extensive powers. The United States legal literature outlines that the Bush administration passed the Patriot Act without following the standard legislative procedure.
Congress develop the Fourth Amendment with the goal of protecting the civil right of citizens privacy, following the attack on the American Embassy in East Africa. The government surpassed this rule giving the Homeland Security Agency and other National Security Agency the power to conduct investigative searches on a criminal suspect and terrorist gang without having a legal warrant from the judge. This change has positively improved security systems in the American territory because the security agencies have managed to arrest and detains criminal.
The creation of the Patriot Act helped American security agencies to improve security measure in American territory through fast access and sharing of sensitive criminal information which helped in planning on how to attack criminals. Allocation of massive resources by President Bush to the National Security especially United State Army enabled them to fly over to Afghanistan pursue and attack the Al-Qaeda group which was responsible for New York bombing and luckily on May 2011 they executed Osama Bin Laden was the main ring leader, His assassination led to the collapsing of the group lost power. Since then America has not experienced any attack or threat from Al-Qaeda, can be considered as one of the main achievement by American National security which was initiated by the Patriot Act.
The changes have negatives effects on how the citizens interact, mingle and view police, often police use excessive power to arrest citizen with no solid reason, and this situation has fueled a lot of tensions and incitement between the citizens and the people. These tensions have emaciated street fights and shooting between security officials and the citizens.
Herman, S. N. (2006). The USA Patriot Act and the Submajoritarian Fourth Amendment. Harv. CR-CLL Rev., 41, 67.
Justin M. Sher (2009) Travel At Your Own Risk: The Government Does Not Need A Warrant When It Investigates American Citizens Abroad, American Bar Association White Collar Committee Newsletter
Panetta, T. The USA PATRIOT Act.
Wong, K. C. (2006). The making of the USA Patriot Act I: The legislative process and dynamics. International Journal of the Sociology of Law, 34(3), 179-219.