Liberal myth

The Patriot Act allows the government to place a wiretap on American citizens without probable cause.

The facts

The USA PATRIOT Act allows law enforcement agents, with judicial approval, to apply “roving wiretaps” to terrorism suspects.

• The provision recognizes that terrorists might use more than one cell phone to conduct their business
• Having to wait for approval on a new line could take hours or days—time which could be crucial to ensure national security
• The Patriot Act simply extends existing law enforcement tools to counter-terrorism investigations

Protections in place

Protections are in place to prevent abuse.

• Police are required to obtain warrants from judges before placing wiretaps
• Police are required to show probable cause that a suspect is using multiple telephones or other devices to avoid police surveillance

Already allowed

Police conducting other investigations can apply roving wiretaps.

• In the 1980s, Congress allowed drug investigators to apply to judges for roving wiretaps

Related Heritage research

• Paul Rosenzweig, Alane Kochems, and James Jay Carafano, “The Patriot Act Reader,” September 13, 2004