United States v. Muhtorov

While Jamshid Muhtorov (defendant) was living in the United States as a lawful permanent resident, he developed ties with the Islamic Jihad Union (IJU), a foreign terrorist organization. During warrantless surveillance of the emails of a non-United States person living abroad under § 702 the Foreign Intelligence Surveillance Amendment Act of 2008, the government (plaintiff) incidentally collected Muhtorov’s communications with the target. The emails revealed Muhtorov’s connection to IJU. The government used the incidentally collected communications to obtain approval to surveil Muhtorov under the Foreign Intelligence Surveillance Act of 1978 (FISA). The government then collected numerous emails and audio recordings showing Muhtorov’s support of IJU. A Federal Bureau of Investigation (FBI) informant learned that Muhtorov planned to travel to Turkey and join the organization. FBI agents arrested Muhtorov at the airport, and he was charged with conspiring and providing material support to IJU. Muhtorov moved to suppress the evidence acquired during the FISA surveillance on the basis that the surveillance approval was based on the allegedly unconstitutional warrantless collection of his communications during the § 207 surveillance of a foreign target. The government argued that the incidental collection of Muhtorov’s communications did not violate Muhtorov’s Fourth Amendment rights. The district court ruled in the government’s favor, and Muhtorov was ultimately convicted. Muhtorov appealed.