"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Direct quote of amendment 5, apperantly they
do have the right to do this (by the way if you can't read it "except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;" is the part I highlighted)
The patriot act again is not made to see what you talk about with your friends. They don't even monitor you for illegal activities, they monitor people for terrorist activities. The whole "the government is watching me" paranoia is rather dim. What purpose do they have to wire tap your house, or waste money watching you sleep? Do you store bombs, guns, or yell death to America? If you are not suspicious, you are not guilty unless proven.
Additionally even if you were caught, say selling drugs over the phone and they heard you, and brought you to court. Unless your lawyer is an idiot, then they don't have anything on you. They can not get a warrant because they are Federal agents, they can't use the phone call in question (which would actually be void as evidence and ignored, or risk ending the trial) and they can't search your house without infringing upon the
Fourth Ammendment.
Tl: Dr it is a waste of effort for the government to monitor those who are not legitimately suspected to be terrorists, thus even though they
can spy on you, they won't.
The section that you highlighted establishes a separate court system for members of the military. Civilians are not constitutionally under the jurisdiction of military courts.
You also seem to be misunderstanding the rules of criminal procedure. Evidence is excluded because it was obtained illegally. The Patriot Act makes it legal to spy on citizens without a warrant, meaning that all of that evidence is admissible in court, unless the judge has the cajones to rule that the Patriot Act itself is unconstitutional.
Even if you believe that the ends justify the means with these laws, you cannot honestly say that they do not take away our freedoms. Our Founding Fathers told us that we should never sacrifice liberty for security, because we'll just end up losing both. Indeed, the biggest domestic terrorists work on Capitol Hill.