The ACLU’s National Security Project has drafted a model motion that may be of use to defense attorneys dealing with foreign intelligence surveillance pursuant to FISA or the FISA Amendments Act (“FAA”) in criminal prosecutions. If the government has filed a FISA Notice, it may have intercepted electronic communications pursuant to a traditional FISA order or the FAA’s warrantless wiretapping program—or both. This model motion seeks to clarify the type of surveillance relied on by the government, so that defense counsel may subsequently file a motion to suppress that is tailored to the specific Fourth Amendment issues presented by each type of search.
Defender Services Office/Training Division,
Administrative Office of the United States Courts
One Columbus Circle, N.E. * Suite 4-200 * Washington, DC 20544
Phone (202) 502-2900
Hotline (800) 788-9908
Fax (202) 502-2911
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