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D.N.J.: FISA's less than PC standard is constitutional under Keith

By John Wesley Hall, Jr.

FISA’s less than probable cause standard is constitutional under U.S. v. U.S. District Court (Keith). United States v. Shnewer, 2008 U.S. Dist. LEXIS 112001 (D. N.J. August 14, 2008, decided, December 29, 2009, filed): First, Defendants argue FISA is unconstitutional because it lacks a requirement that the government show that a crime has been or is being committed. The probable cause requirement under FISA is different than the probable cause to seek a Title III wiretap. As noted by Judge Easterbrook in United States v. Ning Wen, 477 F.3d 896 (7th Cir. 2007), however, "the probable cause of which the fourth amendment speaks is not necessarily probable cause to believe that any law is being violated." Id. at 898. The court in that case analogized the probable cause required by FISA to the probable cause requirements for administrative search warrants, which may issue on probable cause to believe that the government has adopted a reasonable system of regulations and inspections and is not targeting individuals for improper reasons...continue to full post

Full post as published by Fourth Amendment on January 04, 2010 (boomark / email).