United States v. Hasbajrami, No. 15-2684 (2d Cir. 2019)Annotate this Case
The collection of the communications of United States persons incidental to the lawful surveillance of non-United States persons located abroad does not violate the Fourth Amendment and, to the extent that the government's inadvertent targeting of a United States person led to collection of defendant's communications, he was not harmed by that collection.
The Second Circuit held that there was insufficient information in either the classified or the public record in this case to permit the court to determine whether any such querying was reasonable and therefore permissible under the Fourth Amendment. Accordingly, the court remanded to the district court for further proceedings.