United States v. Huang

“FISA does not specifically prohibit surveillance and search of United States persons.” 15 F. Supp. at 1139. “FISA allows the use of evidence derived from FISA surveillance and searches in criminal prosecutions.” Id. at 1140. “[T]here is no reason for disclosure of any of the FISA collection on [a Giglio] basis.” Id. at 1141. Defendant did not make “a substantial showing that the FISA affidavit contained intentional or reckless false statements and that the misrepresentation was essential to the finding of probable cause,” thus, “there is no reason to have a Franks hearing.” See id. at 1142.
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