Filed Date: 2020
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On September 27, 2021, the Foreign Intelligence Surveillance Court (FISC) approved applications by the U.S. government to conduct a physical search of the redacted targets (who were non-US persons) pursuant to Title III of the Foreign Intelligence Surveillance Act (FISA). The method of the search was new, though the details have been redacted. Judge Rudolph Contreras was assigned to the case. The names of the targets and the docket number have been redacted.
The FISC held that this new search method counted as a physical search under FISA because it involved a search of "information, material, or property, under circumstances in which a person has a reasonable expectation of privacy." The court approved the search because Judge Contreras found probable cause that the intended targets of the proposed physical searches were agents acting for specific foreign powers. The FISC also established some limits on the search, including instructions to the FBI to destroy any data not determined to be related to the targets within 60 days.
This case is presumed closed.
Summary Authors
Venesa Haska (2/2/2024)
Last updated Nov. 24, 2023, 3 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Key Dates
Filing Date: 2020
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
United States government
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829
Constitutional Clause(s):
Unreasonable search and seizure
Special Case Type(s):
Warrant or subpoena application
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Warrant/Order allowing surveillance
Source of Relief:
Content of Injunction:
Warrant/order for search or seizure
Order Duration: 2021 - 2021
Issues
General/Misc.: