A federal judge ruled that the government's method of searching information incidentally collected on U. S. -based individuals is unconstitutional under the Fourth Amendment. Judge LaShann Dearcy Hall stated that allowing such “backdoor searches” would misuse Section 702 of the Foreign Intelligence Surveillance Act (FISA). The case involved Agron Hasbajrami, a legal permanent resident arrested in 2011 for attempting to support a terrorist group. Information used against him was collected without a warrant under a FISA section that is supposed to target non-U. S. persons outside the country.
Hasbajrami, who pleaded guilty, later sought to suppress evidence obtained during the government’s surveillance. After his motion was denied, he pleaded guilty while preserving his right to appeal. A 2019 appeals court had upheld the denial but sent the question of the constitutionality of the government’s search methods back to the district court.
In the latest decision, Judge Hall emphasized that just because the initial collection of evidence was lawful, it does not justify subsequent database searches. She argued that allowing the government unlimited access to search U. S. persons’ communications undermines the warrant requirement, which is meant to protect citizens' rights.
The judge denied part of Hasbajrami’s motion, which sought the return of collected evidence. Civil rights advocates, including the ACLU, praised the ruling and urged Congress to reform Section 702 by instituting a warrant requirement for queries of U. S. persons' data. While there are differing opinions on Section 702's reauthorization among officials, it is currently set to expire on April 15, 2026.
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