The USA Patriot Act was enacted into law on Oct. 2, 2001, in the wake of the 9/11 attacks. "[The act] significantly increased the surveillance and investigative powers of law enforcement agencies in the United States. The act did not, however, provide for the system of checks and balances that traditionally safeguards civil liberties in the face of such legislation," according to the Electronic Privacy Information Center's website.
Town officials expressed concern over the potential threat to civil liberties posed by the act. According to the Daily Hampshire Gazette, an April 2002 Town Meeting resolution ordered town employees to resist any procedures they believed violated the Constitution.
A primary contention is whether the town police should have the right to videotape. Though the town police currently retain the right to videotape groups or persons in public venues including demonstrations, the department is not permitted to keep information about groups participating in political activities unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect the subject of the information is or may be engaged in criminal conduct, according to a memo released by Town Manager Barry Del Castilho.
The memo also advised against a general surveillance network, with the exception of cameras in police cruisers and the police department building. It also stated that such videotapes cannot be shared with any other legal agency unless they are reasonably relevant to the performance of an authorized police function. This is primarily to maintain an individual's privacy.
"It is one thing to have cameras in the squad car or in the booking room, but quite another to film demonstrations or public meetings. Who gets to see them? When are they destroyed?" Nancy Foster, a proponent of the new policies, told the Gazette.
Amherst Police Chief Charles Scherpa told the Gazette that he supported the use of videotapes for the protection of the general population of the town and to counter allegations of police misconduct.
According to the Gazette, the town also instituted policies prohibiting police officers from ethnic and racial profiling unless they are seeking a specific suspect who is known to be of a certain description.