Brief filed: 08/11/2015
Documents
Jewel v. National Security Agency
9th Circuit Court of Appeals; Case No. 15-16133
Prior Decision
On appeal U.S. Dist. Ct., N.D. Cal., No. 4:08-cv-4373-JSW, decision below 2015 WL 545925 (Feb. 10, 2015).
Argument(s)
Violating Plaintiffs’ Fourth Amendment right by seizing and searching all of their communications constitutes a violation of the Fifth Amendment right against self-incrimination. Violating Plaintiffs’ Fourth Amendment right by seizing and searching all of their communications constitutes a violation of the Sixth Amendment right to counsel. Allowing the government to shield evidence of its wrongful search and seizure means that the injury to these other Constitutional rights cannot be remedied and must be presumed. The fact that the Fifth and Sixth Amendment rights of Plaintiffs have been undermined by the surveillance at issue in this case supports the finding that this surveillance has been made in violation of the Fourth Amendment. When the Fourth Amendment falls, so do the Fifth and Sixth. This Court should therefore find the surveillance at issue in this case unlawful.
Author(s)
Catherine R. Gellis, Sausalito, CA; Michael H. Page at Joseph C. Gratz, Durie Tangri LLP, San Francisco, CA; David Porter, Sacramento, CA (Of Counsel).
