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CA9: NASA background check is not likely a "search" so preliminary injunction denied

By John Wesley Hall, Jr.

A background check is not likely going to be found a Fourth Amendment search, so plaintiffs will not likely prevail on the merits. Therefore, a preliminary injunction is denied. Nelson v. NASA, 2008 U.S. App. LEXIS 13205 (9th Cir. June 20, 2008): C. Fourth Amendment Claim We also agree with the district court's conclusion that Appellants are unlikely to succeed on their Fourth Amendment claims, because the government's actions are not likely to be deemed "searches" within the meaning of the Amendment. An action to uncover information is generally considered a "search" if the target of the search has a "reasonable expectation of privacy" in the information being sought, a term of art meaning a "subjective expectation of privacy ... that society is prepared to recognize as reasonable...continue to full post

Full post as published by Fourth Amendment on June 24, 2008 (boomark / email).