Wednesday, October 30, 2013

You Knew This Would Happen Eventually: DoJ To Use Data From Warrantless Surveillance In Criminal Case

Warrantless searches aren't just for alleged terrorists anymore. Jeralyn of TalkLeft has the details from a New York Times article:
... the government intends to offer into evidence or otherwise use or disclose in proceedings in the above-captioned matter information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. 1881a.

It's a sad day for anyone who ever depended on the Fourth Amendment to keep the government's nose out of their ordinary noncriminal business.

UPDATE: via the NYT article, it is, after all, a terrorism case: the charge is "providing material support to the Islamic Jihad Union, a designated terrorist organization based in Uzbekistan." It is still significant because the DoJ has only just begun a new policy of informing defendants if a link in the chain of evidence against them was obtained by surveillance without a warrant, in this case, wiretapping the defendant's phone calls. Damned nice of them to tell them, isn't it?

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