838 F. Supp. 2d 881
D. Minnesota2012Background
- Defendant charged by Indictment with conspiracy to provide/support terrorists and to provide/support an FTO.
- Government notified Court/Defendant it will introduce evidence from electronic surveillance under FISA and physical searches.
- Defendant moved to suppress wiretap evidence and to obtain disclosure of electronic surveillance materials.
- Court conducted ex parte, in camera review under 50 U.S.C. § 1806(f) to assess lawfulness of surveillance.
- Court found no irregularities in applications/orders and denied suppression; also denied the discovery motion; analyzed statutory minimization, probable cause, and timing.
- Franks/related due process considerations are discussed but not applied to compel disclosure or suppression beyond ruling on the motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FISA applications and orders complied with statutory requirements | Government asserts compliance with 1804/1805 | Davis contends noncompliance or insufficient showing | Applications and orders satisfied requirements |
| Whether minimization procedures complied with FISA | Government complied with 1801(h) minimization | Davis challenges minimization adequacy | Minimization procedures complied; proper minimization followed |
| Whether probable cause for surveillance was established | Government established probable cause that target was a foreign power/agent | Davis contests probability standard or accuracy | Probable cause satisfied; target and facilities appropriately described |
| Whether the government must disclose surveillance materials | Davis requests disclosure to assess legality | Narrowing to only necessary disclosures | Disclosure not necessary; ex parte in camera review upheld; classification justified |
Key Cases Cited
- United States v. Abu-Jihaad, 630 F.3d 102 (2d Cir.2010) (ex parte review and FISA standards applied; deference to certifications/claims)
- United States v. Warsame, 547 F.Supp.2d 982 (D.Minn.2008) (minimization and disclosure standards; ex parte review cited)
- United States v. Belfield, 692 F.2d 141 (D.C.Cir.1982) (minimization/foreign intelligence information handling considerations)
- Duggan, United States v., 743 F.2d 59 (2d Cir.1984) (minimal scrutiny of FISA applications on review)
- United States v. Isa, 923 F.2d 1300 (8th Cir.1991) (FISA minimization; non-divulgence principles)