TBA Law Blog

Posted by: Brittany Sims on Oct 28, 2013

A constitutional showdown over the U.S. government’s warrantless surveillance program may be headed back to the Supreme Court, the Tennessean predicts. For the first time, the Department of Justice (DOJ) notified a criminal defendant that terrorism-related charges against him stemmed from the Foreign Intelligence Surveillance Act. The case of Jamshid Muhtorov, a refugee from Uzbekistan living in Colorado, now appears destined to become the test for whether the program can pass constitutional muster. The DOJ maintains the previously secret program does not violate the Fourth Amendment’s protection against illegal searches because it picks up U.S.-based individuals only while targeting those overseas.