§Why CasetextPricing

USA v. Muhtorov et al

RESPONSE to Motion

127 Cited authorities

  1. Terry v. Ohio

    392 U.S. 1 (1968)   Cited 38,178 times   73 Legal Analyses
    Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop

  2. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,057 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  3. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,445 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  4. United States v. Leon

    468 U.S. 897 (1984)   Cited 10,261 times   72 Legal Analyses
    Holding that when a warrant is "subsequently invalidated," suppression is not necessary so long as the warrant was issued by a neutral magistrate and the officers' reliance on the warrant was objectively reasonable

  5. Davis v. U.S.

    564 U.S. 229 (2011)   Cited 2,238 times   47 Legal Analyses
    Holding "newly announced rules of constitutional criminal procedure 'must apply retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception.'"

  6. Franks v. Delaware

    438 U.S. 154 (1978)   Cited 11,235 times   33 Legal Analyses
    Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing

  7. Herring v. United States

    555 U.S. 135 (2009)   Cited 2,085 times   47 Legal Analyses
    Holding that the good-faith exception may apply "when police mistakes are the result of negligence ... rather than systemic error or reckless disregard of constitutional requirements"

  8. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,401 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  9. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,475 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  10. Rakas v. Illinois

    439 U.S. 128 (1978)   Cited 6,384 times   27 Legal Analyses
    Holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place"

  11. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,204 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

  12. Section 2339B - Providing material support or resources to designated foreign terrorist organizations

    18 U.S.C. § 2339B   Cited 572 times   15 Legal Analyses
    Clarifying the scope of “personnel”

  13. Section 2517 - Authorization for disclosure and use of intercepted wire, oral, or electronic communications

    18 U.S.C. § 2517   Cited 401 times
    Restricting disclosure of the contents of wiretap communications to the enumerated provisions

  14. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 280 times   10 Legal Analyses
    Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

  15. Section 1806 - Use of information

    50 U.S.C. § 1806   Cited 169 times   4 Legal Analyses
    Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"

  16. Section 1805 - Issuance of order

    50 U.S.C. § 1805   Cited 100 times
    Requiring "probable cause to believe . . . the target of the electronic surveillance is a foreign power or an agent of a foreign power"

  17. Section 1881a - Procedures for targeting certain persons outside the United States other than United States persons

    50 U.S.C. § 1881a   Cited 75 times   11 Legal Analyses
    Permitting review of FISA orders by the Foreign Intelligence Surveillance Court

  18. Section 1803 - Designation of judges

    50 U.S.C. § 1803   Cited 68 times   1 Legal Analyses

    (a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under

  19. Section 401 - Transferred

    50 U.S.C. § 401   Cited 55 times
    Establishing comprehensive national security program, including Department of Defense, Central Intelligence Agency and National Security Counsel, and providing for Congressional oversight of these agencies

  20. Section 1825 - Use of information

    50 U.S.C. § 1825   Cited 35 times

    (a) Compliance with minimization procedures; lawful purposes Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees