ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: JURIST - The Paper Chase

Muslim student sues FBI over GPS tracking device

By Julia Zebley

ADVERTISEMENTS
Photo source or description
[JURIST] Muslim student Yasir Afifi and the Council on American-Islamic Relations (CAIR) [advocacy website] filed a lawsuit [complaint, PDF; press release] against the FBI [official website] on Wednesday after Afifi discovered a global positioning system (GPS) device on the undercarriage of his car. The suit, filed in the US District Court for the District of Columbia [official website], alleges that Afifi's rights were violated when FBI agents attempted to retrieve their tracking device, without explanation for why Afifi was being tracked. Afifi's suit alleges civil rights and constitutional violations, specifically unlawful search under the Fourth Amendment [text], chilling and recording of First Amendment activities, and unlawful agency action:
Defendants' unlawful intrusions into Mr. Afifi's life—initiated as a result of his heritage, lawful associations, and disclosed political views—create an objective chill on Mr. Afifi's First Amendment activities. In addition to the fear Mr. Afifi now feels when expressing his political views and maintaining certain lawful associations, Defendants' actions have deterred others from associating with him, prospective employers most notably. The existence—even if now in the past—of an intensive surveillance operation by Defendants of Mr. Afifi communicate to persons and organizations that Mr. Afifi is at least suspect if not a threat to the physical security of those in my proximity.
Afifi's family resides in Egypt, and he makes frequent trips and phone calls to the Middle East, which he described [NPR report] as fitting the FBI's "profile." FBI spokesperson Michael Kortan [official profile] maintained that the FBI conducts all of its investigations under Department of Justice (DOJ) [official website] and FBI guidelines. Afifi seeks an injunction ending the FBI's investigation of him, a declaratory judgment that his rights were violated, attorney's fees and expenses of litigation, and damages for emotional distress.

The use of GPS technology and other surveillance devices [JURIST news archive] by law enforcement agents has been a controversial issue in the US, with courts across the country coming to divergent conclusions. In December, the DC District Court declined to rehear en banc [JURIST report] a bid by the DOJ to overturn a decision that prevents the government from using GPS technology to track suspects without a warrant. A Pennsylvania appeals court allowed use of evidence obtained with GPS technology [JURIST report] in December. In September, a three-judge panel for the US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF] that at times the government might need a warrant to obtain cell phone data [JURIST report] to track a person's location. Last year, the US Supreme Court unanimously held that, even if there is a reasonable expectation of privacy in work-issued electronic devices, that an employer's search of private text messages does not violate [JURIST report] the Fourth Amendment so long as the search is not excessive and is pursuant to a legitimate work-related purpose.

Full post as published by JURIST - The Paper Chase on March 03, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0036 secs (from cache 11/03/26 11:14:30)