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… The court agreed with the district court’s conclusion “that [the defendant] ‘continue[s] to suffer a present, on-going injury due to the government's continued retention of derivative material from the FISA seizure.’” 599 …
… Finding that defendant did not waive sovereign immunity under FISA. See 705 F.3d at 850–55. View document: https://scholar.google.com/scholar_case?case=9448928365392331552&q=705+… … Al-Haramain Islamic Found., Inc. v. …
… Finding that “the district court did not err in denying Mohamud's motion to suppress premised on the late supplemental FISA notice” because defendant couldn’t “demonstrate how the late disclosure prejudiced him.” 843 F.3d …
… Agent defendants are “entitled to qualified immunity with respect to this category of surveillance.” 916 F.3d at 1220. Agent defendants not entitled to qualified immunity “for recordings made by devices planted by FBI …
… Holding that “the FISA application established probable cause to believe that Global Relief and the executive director were agents of a foreign power, as that term is defined for FISA purposes, at the time the search was …
… Finding that the “lack of FISA procedures for physical searches” did not “render the physical search [in this case] unreasonable.” 435 F. Supp. 2d at 792. View document: …
… “FISA electronic surveillance at issue was lawfully authorized and legally conducted.” 2010 WL 4705159, at *2. “Because disclosure of the materials is unnecessary for the Court to determine the legality of the collection, …
… Finding that “the probable cause showing required by FISA is reasonable.” 807 F.2d at 790. Rejecting “appellant's suggestion that FISA violates the Fourth Amendment's particularity requirement by allowing a general …
… Defendant was not denied due process just because the district court conducted an ex parte, in camera review of FISA materials. See 827 F.2d at 476–77. View document: https://perma.cc/H5A5-TDEL … United States v. Ott, 827 …
… Denying motioned for a new trial “because admitting evidence obtained under [FISA] violated the Fourth Amendment.” 2012 WL 3779107, at *2. Defendant also alleged FISA was unconstitutional. Id. Court rejected these …
… Concluding that “the FISA warrant was supported by probable cause.” 751 F. App’x at 1000. Finding that “the government’s Foreign Intelligence Surveillance Act (“FISA”) search and subsequent use of FISA-derived materials in …
… The Court, following its own precent in Ott, 827 F.2d 473, stated the government met the requirement that the “purpose of the surveillance must be to secure foreign intelligence surveillance.” 841 F.2d at 964. The Court …
… The Court found that the materials provided to support an application under FISA met the probable cause standard under the Fourth Amendment. 864 F.32d at 1491. As the government met Fourth Amendment standard, the Court did …
… The Court held that claims challenging the continued collection of Smith’s metadata under § 215 were moot. 816 F.3d at 1241. However, the Court remanded other claims, including Smith’s request for the government to purge …
… In re Nat’l Sec. Letter, 863 F.3d 1110 (9th Cir. 2017) … Case: 16-16067, 07/17/2017, ID: 10510050, DktEntry: 87-1, Page 1 of 41 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE NATIONAL SECURITY …
… After receiving notice pursuant to 50 U.S.C. §§ 1806(c) and 1825(d) that the Government would offer into evidence information derived from FISA surveillance, the defendant moved to disclose FISA-related materials. The …
… Holding that that the Government may have violated the Fourth Amendment and did violate FISA when it collected the telephony metadata of millions of Americans, including at least one of the defendants convicted of sending …
… The Court amended the opinion reported at 916 F.3d 1202, unanimously voting to deny a petition for rehearing. The Court also voted on an en banc rehearing, but the matter failed to receive a majority of the votes by …