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United States District Court, United States v.


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Political Process

national security

Richard Milhous Nixon (1913—1994) American Republican statesman, 37th President of the US 1969–74

probable cause

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'United States District Court, United States v.' can also refer to...

United States v. United States District Court

United States v. United States District Court

United States District Court, United States v.

Ashraf-Hassan v Embassy of France in the United States, Decision on motion to dismiss, Civil Action No 11-805, ILDC 2206 (US 2014), 17th April 2014, United States; District of Columbia; District Court for the District of Columbia [DDC]

United States v Lloyds TSB Bank Plc, Trial court judgment, ILDC 2262 (US 2009), 639 F Supp 2d 314 (SDNY 2009), 31st March 2009, United States; New York; District Court for the Southern District of New York [SDNY]

Lakeman v Weed, Trial court order, ILDC 2330 (US 2010), 2010 WL 4386922 (D Minn 2010), 29th October 2010, United States; Minnesota; District Court for the District of Minnesota [D Minn]

United States v Salad and ors, Decision on motion to dismiss, 908 F Supp 2d 730 (ED Va 2012), ILDC 2027 (US 2012), 30th November 2012, United States; Virginia; District Court for the Eastern District of Virginia [ED Va]

Doe and ors, United States (intervening) and ors (intervening) v State of Texas and ors, Merits, 501 F Supp 544 (SD Tex 1980), ILDC 1977 (US 1980), 21st July 1980, United States; Texas; District Court for the Southern District of Texas [SD Tex]

United States v Williams, Decision on motion to dismiss the indictment, 722 F Supp 2d 1313 (MD Ga 2010), ILDC 2005 (US 2010), 1st July 2010, United States; Georgia; District Court for the Middle District of Georgia [MD Ga]

Galvis-Pena v United States, Report and recommendation on motions to dismiss, 2011 WL 7268437 (ND Ga), ILDC 2188 (US 2011), 6th December 2011, United States; Georgia; District Court for the Northern District of Georgia [ND Ga]

Cruz and ors v United States and ors, Motion to dismiss, 387 F Supp 2d 1057 (ND Cal 2005), ILDC 2767 (US 2005), 16th June 2005, United States; California; District Court for the Northern District of California [ND Cal]

United States v Noriega, Recommendation, 808 F Supp 791 (SD Fla 1992), ILDC 1860 (US 1992), 8th December 1992, United States; Florida; District Court for the Southern District of Florida [SD Fla]

Loewen v United States, Petition to Vacate Arbitration Award, 1:04CV02151, IIC 256 (2004), 13th December 2004, District Court for the District of Columbia [D.D.C.]

Loewen v United States, Memorandum Opinion, Case No 1:04-CV-02151 (RWR), IIC 257 (2005), 31st October 2005, District Court for the District of Columbia [D.D.C.]

Tembec Incorporated and ors v United States, Memorandum Opinion, Civil Action 07-1905, IIC 343 (2008), 14th August 2008, District Court for the District of Columbia [D.D.C.]

Castellanos Garcia v United States, Decision on Motion to Vacate, ILDC 1216 (US 2008), 16th October 2008, District Court for the Western District of North Carolina [W.D.N.C.]

United States v One Gulfstream G-V Jet Aircraft, Mangue (intervening) and Ebony Shine International Limited (intervening), Trial court judgment, ILDC 2290 (US 2013), 941 F Supp 2d 1 (DDC 2013), 19th April 2013, United States; District of Columbia; District Court for the District of Columbia [DDC]

Lempert v Rice and ors, Trial court judgment, 956 FSupp2d 17 (DDC 2013), Civil Action No 12-01518 (CKK), ILDC 2325 (US 2013), 19th July 2013, United States; District of Columbia; District Court for the District of Columbia [DDC]

Sikhs For Justice and ors v Singh, Trial court judgment, 64 FSupp3d 190 (DDC 2014), ILDC 2324 (US 2014), 19th August 2014, United States; District of Columbia; District Court for the District of Columbia [DDC]

 

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407 U.S. 297 (1972), argued 24 Feb. 1972, decided 19 June 1972 by vote of 8 to 0; Powell for the Court, Burger, Douglas, and White concurring, Rehnquist not participating. In the early 1970s, the nation was in a state of civil unrest. Various groups were accused of bombing buildings and plotting against the government. In the name of national security, the administration of President Richard Nixon claimed authority to use electronic surveillance to monitor American citizens allegedly involved in subversive activities without, as customarily required by the Fourth Amendment, first obtaining a warrant from a magistrate on a showing of probable cause.

The government argued that the vesting of executive power in the president in Article II of the Constitution implied authority to use electronic surveillance to secure information necessary to protect the government from destruction. A judicial warrant requirement would interfere with the executive's responsibility by increasing the risk that sensitive information would be disclosed. Moreover, judges would not be able to evaluate domestic intelligence involving issues beyond judicial expertise.

A unanimous Court rejected the administration's claim. The Court emphasized that the case involved First Amendment as well as Fourth Amendment values because political organizations antagonistic to prevailing policies are the organizations most likely to be suspected by government of raising domestic national-security dangers. In light of these First Amendment values and the vagueness of the concept of national security, the Court concluded that to permit official surveillance of domestic groups on the basis of a presidential decision without prior judicial warrant would create undue dangers of abuse.

Two days before this opinion was rendered, five men were arrested for attempting to plant electronic surveillance devices in the Democratic National Committee Headquarters in Washington, D.C., an event that initiated the Watergate affair.

Stanley Ingber

Subjects: Law.


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