United States Second Circuit

Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed, and vacated and remanded for re-sentencing where: 1) the evidence obtained from the search of defendant's Kenyan residence and the surveillance of his Kenyan telephone lines was properly admitted at trial because the Fourth Amendment's requirement of reasonableness, but not the Warrant Clause, applied to extraterritorial searches and seizures of U.S. citizens, and the searches of defendant's Kenyan home and the surveillance of his telephone lines were reasonable under the circumstances presented; and 2) the district court's ex parte, in camera evaluation of evidence submitted by the government in opposition to defendant's suppression motion was appropriate in light of national security considerations that militated in favor of maintaining the confidentiality of that evidence.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• United States Second Circuit

Counsel