Expanding Search and Seizure Power of the Federal Government
A MODULE FOR DEMOCRACY/CIVIC MISSION CLASSROOMS
The Federal Bureau of Investigation [FBI] is the primary criminal investigative
agency in the federal government. Following the attacks of September 11, the
central mission of the FBI became the prevention of terrorist acts against the
United States and its people. In May 2002, then U.S. Attorney General Ashcroft
introduced new guidelines for investigations that include a new provision for
counter-terrorism activities.
This unit focuses on the FBI's revised mission and extended powers under the
new guidelines. It provides some background for these guidelines and shows how
they are part of an enduring problem in American democracy: What powers does an
open society delegate to those who guard that liberty? How does an open society
"watch the watchers" so that those powers are not abused? The unit concludes
with an opportunity to discuss the merits of this new policy.
Focus Questions
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In order to prevent terrorism, should FBI agents be able to monitor public
meetings, monitor internet chat rooms, and/or attend religious observances and
institutions on the same basis as other members of the public?
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For the purpose of detecting or preventing terrorist activities, should the FBI
continue to be permitted to visit any place and attend any event that is open
to the public, without any indication of criminal activity?
Objectives
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Provide a historical and public policy context for the General Guidelines for
federal investigations.
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Promote understanding of competing interests of security and liberty.
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Create a forum for civil discourse on the nature and implications of these
changes.
Materials
A. Reading: Expanded Search and Seizure Powers of the Federal Government
B. Source: Counterterrorism Activities and other Authorizations: Visiting Public
Places and Events
C. Strategy: Civil Conversations
D, Activity: Legislative Hearing on the Revised Guidelines for Federal
Investigations
E. Taking a Stand: Position Paper on Expanding Federal Search and Seizure Powers
Expanding Federal Search and Seizure Powers: Selected Community, Print, and
Internet Resources
Last updated: September 15, 2006
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