Search and seizure is an important issue to explore in many types of criminal cases. Law enforcement officials do not always conduct searches and seizures properly, and defendants have the right to certain protections when prosecutors attempt to use evidence that is obtained illegally.
Different type of criminal cases involve different facts and circumstances with searches and seizures, of course, so it is important to always look at the issue based on the facts of the case and applicable case law. In a recent appellate case, a federal appeals court is looking at the issue of whether information gathered from email accounts and online communications by the National Security Agency (NSA) without a warrant can be searched by the FBI. The National Security Agency, the federal organization charged with signals intelligence operations.
Although the NSA program that gathers online communications without a warrant is directed toward foreigners in fighting terrorism and other crimes, communications from Americans are often gathered as well. The Somalian man who is appealing the case was convicted for involvement in a terrorism conspiracy, was convicted on the strength of evidence gathered as a result of NSA surveillance.
It will be interesting to see how the judges rule in the case, whether they will rule in favor of stricter privacy protections or treat online information gathered in NSA investigations with lenience under constitutional law. Victories for privacy rights can sometimes lend greater support for privacy rights in other criminal cases, even when the charges and facts of the case are different. We’ll keep our readers updated with any developments in the case.