Terrorism Suspect Challenges Warrantless Surveillance

A Colorado man facing terrorism charges became the first criminal defendant to challenge the constitutionality of the National Security Agency’s warrantless surveillance program.

Jamshid Muhtorov, a refugee from Uzbekistan, filed a motion Wednesday in federal court in Denver to suppress any evidence obtained from the surveillance on grounds that it was unlawful.

“Mr. Muhtorov believes that the government’s surveillance of him was unlawful for the simple fact that it was carried out . . . under a statute that fails to comply with the Fourth Amendment’s most basic requirements” that the government obtain a warrant and that the monitoring be reasonable, his attorneys said in a 55-page document.

Muhtorov’s case is likely to be the first in which a court weighs the constitutionality of a law that has stoked controversy since it was passed in 2008 as a revision to the Foreign Intelligence Surveillance Act. The Supreme Court ultimately could decide the issue.

via Terrorism suspect challenges warrantless surveillance – The Washington Post.

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