Introduction
The USA Patriot Act of 2001 is one of the legislations that the Congress adopted to counter terrorism in America. The underlying object of the Act was to unite and strengthen America and to provide appropriate tools to intercept and obstruct terrorism. Absolute powers were given to the intelligence and the police at large to search various premises without notification on the owners of the premises. A question that has remained unanswered is whether evidence inferred or related to other offences can be provided for subsequent prosecution (Doyle, 2005).
It must be noted that the Patriot Act is not the only law that counters terrorism in the USA. Other international conventions also apply. Surveillance and intelligence have been used arbitrarily by personnel and have encroached the province of personal liberty. Evidence that relate to other offences, other than terrorism, when impounded should be reported and prosecutions opened. But this aspect should be exercised cautiously. If a suspect’s premise has evidence that both implies that he or she is related to terrorism and other different offences, then that specific person must be charged with terrorism only, and no other offences however serious. If during the search no evidence with regard to terrorism was found but in the course of the search the police come across other evidence which connotes that the suspect has contravened the law, then that person should be notified that he may be charged after further investigations. That encapsulates an aspect of fair trial (Foerstel, 2008). A person must be notified. Further, if the police has to plant surveillance devices in one’s premises, that person must also be notified too. The police cannot infringe on rights that they claim to protect. The right to liberty is equal to all the other rights. The right to security does not supersede the right to liberty and privacy. No right is more supreme than the other. All belong to the people equally. Illegally acquired evidence should not be admitted, however relevant. Illegally acquired evidence is treated like the fruits of a poisoned tree. The same may impair the right to fair trial, which must be guaranteed whatsoever.
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- Doyle, C. (2005). Security and Freedom Ensured Act (SAFE Act) (H.R. 1526) and Security and Freedom Enhancement Act (SAFE Act) (S. 737): Section by Section Analysis. Ft. Belvoir: Defense Technical Information Center.
- Foerstel, H. N. (2008). The Patriot Act: a documentary and reference guide. Westport, CT: Greenwood Press.
