No. 18-1201

Keith Preston Gartenlaub v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-14
Status: Denied
Type: Paid
Response Waived
Tags: computer-search criminal-procedure due-process evidence-use-restrictions fisa fisa-warrant fourth-amendment franks-hearing general-warrant general-warrants legal-traditions national-security use-restrictions
Key Terms:
AdministrativeLaw FourthAmendment DueProcess CriminalProcedure HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether a secret FISA-authorized computer search violates the Fourth Amendment's prohibition on general warrants, whether the Fourth Amendment imposes use restrictions on non-responsive evidence of regular crimes obtained from a FISA search, whether denying a Franks hearing on the FISA warrant requires suppression, whether lack of access to the FISA application violates due process, whether FISA contradicts legal traditions

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Does a secret, Foreign Intelligence Surveillance Act (“FISA”) authorized computer search violate the Fourth Amendment’s prohibition against general warrants when the government searches every file on a hard drive in the name of national security? (2) Does the Fourth Amendment impose use restrictions on non-responsive evidence of regular, nonnational security crimes, obtained from a FISA computer search? (3) Whether the District Court’s Denying Gartenlaub a Franks Hearing on the secret FISA Warrant Requires Suppression of the Fruits of that Warrant? (4) Does the fact that Gartenlaub wasn’t allowed to investigate, and adversarially challenge, the secret FISA search warrant application and materials used against him violate the Fourth, Fifth, and Sixth Amendments’ fundamental criminal procedure protections? (5) Did the District Court err in denying Gartenlaub’s post-trial motion for a judgment of acquittal because the jury never heard the secret FISA evidence, and Gartenlaub never got to challenge it or argue it to the jury, thereby giving the Jury an insufficient picture of the evidence to convict?

Docket Entries

2019-04-22
Petition DENIED.
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-03-26
Waiver of right of respondent UNITED STATES OF AMERICA to respond filed.
2019-03-07
Petition for a writ of certiorari filed. (Response due April 15, 2019)

Attorneys

GARTENLAUB KEITH PRESTON
Tor Bernhard EkelandTor Ekeland Law, PLLC, Petitioner
Tor Bernhard EkelandTor Ekeland Law, PLLC, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent