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  3. United States Constitution vs. USA Patriot Act

United States Constitution vs. USA Patriot Act

Dec 23, 2011 | Phoenix Defense Attorney

With the passage of the USA Patriot Act of 2001, and more recent laws (including the National Defense Authorization Act of 2012 passed on December 15), the government has called into question its commitment to protecting the constitutional rights of U.S. citizens.  Taken as a whole, the laws now appear to allow the indefinite detention of a U.S. citizen, without charges being filed and without trial, based upon the accusation that the person has engaged in terrorist activities.

The potential for abuse in such situations is obvious, and presents potential violations of a number of provisions of the Bill of Rights, that is, the first ten amendments to the U.S. Constitution.  Specifically, the impact of the laws upon following constitutional provisions has been criticized:

  • First Amendment (free speech and assembly):  You may now be labeled a terrorist merely because you belong to an activist group;
  • Fourth Amendment (unreasonable search and seizure; probable cause requirement): Searches may be conducted without a warrant and without a showing of probable cause;
  • Sixth Amendment (entitlement to a speedy and public trial by an impartial jury):  Citizens may now be placed in military custody and detained indefinitely if designated by the government as a military combatant.

The long and the short of it is that the mere accusation of being a terrorist could lead a citizen of the United States to being shipped off to prison indefinitely, without specific charges being filed and without a trial.

The laws have received harsh criticism for a number of quarters, including the American Civil Liberties Union, and we expect legal challenges to emerge over the next few months concerning the validity of a number of the provisions of the law as applied to citizens of the United States.

If you believe your rights have been violated, or if you have been charged with an offense and need legal assistance, contact Phoenix Criminal Defense Attorney today.