Patriot Act: Two things lacking that urgently need correcting: Habeas Corpus: The writ of habeas corpus is recognized as the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. Probable Cause: A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause.