By Brian Patrick Bronson, Esq.

Since September 11, 2001, terrorism and national security have been in the forefront of the daily news.  In response to the attack, Congress passed the Patriot Act, designed to aid law enforcement in battling terrorism.  Many people are concerned with the impact it has on our individual rights.

The Patriot Act expands the surveillance power of the government in four areas:

• Records searches: the ability to look at an individual's records that are being held by a third party, such as cell phone records and records of purchases
• Secret searches: the ability to search private property without prior notice to the owner
• Intelligence searches:      the ability to collect foreign intelligence information 
• "Trap and trace" searches:  the ability to collect "addressing" information about the origin and destination of communications, rather than its content

Prior to the Patriot Act, law enforcement officials first had to obtain a warrant based on probable cause from a neutral magistrate prior to conducting a search.  The Patriot Act still requires the authorities to obtain warrants, but does away with the probable cause requirement.  This means that the authorities can get a warrant merely by asserting some belief that the individual is involved in terrorism.

Another major change deals with notice of searches.  Ordinarily, the Fourth Amendment requires the government to obtain a warrant and give notice before conducting a search, enabling the person to challenge the warrant for an irregularity in the warrant, such as a wrong address, or a limitation that the police are exceeding. The Patriot Act allows law enforcement agencies to delay giving notice, which means that the government can enter a property with a search warrant when the occupant is away, search through the property, take photographs, and seize items, including electronic communications -- and not tell the person until afterwards.

The Patriot Act raises some questions regarding rights and freedoms guaranteed in the United States and Pennsylvania Constitutions.  Some fear that the word "terrorism" can be so broadly defined that activities protected by the freedom of speech and the right to assemble could lead to an investigation merely because the government does not like what was said.  The courts continue to struggle with the balance between the need to protect our nation from terrorism and the need to guard our freedoms zealously.

If you have a question about a search warrant or a search and seizure please email a Westmoreland County Criminal Defense Lawyer  or phone us at (724) 837-0080 in Greensburg or toll free at (888) 288-9748.

For more information please visit our Pennsylvania Criminal Defense Information Page.

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