Can Rand Paul Single-Handedly Cause the Patriot Act to Lapse?

By Luke Broadwater
The Baltimore Sun

Win or lose, the senator has emerged as the face of Fourth Amendment advocacy

In a move that should be getting more notice this week, Sen. Rand Paul (R-Ky.) has thrown down the gauntlet over the renewal of the Patriot Act, provisions of which would expire Friday if not extended.

Paul has offered several “controversial” amendments to the bill, and could single-handedly cause the Patriot Act to lapse for a day, The Hill reported today.

What are these so-called “controversial” changes to the post-9/11 act — which expanded governmental search powers — that Paul wants?

“Controversial” things like requiring the government seek a judge’s approval before conducting a search of someone’s credit cards, emails, library books, bank statements, and business records or conducting a “roving wiretap,” and requiring the government to actually come up with probable cause before searching such records or executing such wiretaps.

Where did Paul get the notion for these “controversial” demands? The Fourth Amendment of the U.S. Constitution.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

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