Public Defense

US v. Moalin, No. 13-50572 (9-2-20)(Berzon w/Nguyen & Zouhary). In a FISA metadata case, the 9th affirmed the convictions against 4th Amendment challenges. The case involved collection of metadata from US citizens and others derived from foreign intelligence surveillance. The 9th concludes that the govt may have violated the 4th Amendment and did violate FISA when it collected information from millions of Americans. However, under the facts of this case, where the defendants were made aware, suppression was not warranted. The 9th emphasizes that notice must be given. For those with FISA matters, this case provides an overview, analytical approach, and requirements.

Numerous amici weighed in, including the FPDs, NACDL, Media and Privacy groups.

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/02/13-50572.pdf

Full post as published by Ninth Circuit Blog on September 02, 2020 (boomark / email).