NACDL - United States v. Henderson

United States v. Henderson

Brief Amici Curiae of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation in Support of Appellant’s Petition for Panel Rehearing and Rehearing En Banc

United States v. Henderson

Brief Details

Case No.: 17-10230
Brief Filed: December 17, 2018
Jurisdiction: 9th Circuit Court of Appeals

Key Topics in the Brief

Warrant | Void for Lack of Jurisdiction | Good-Faith Exception | Exclusionary Rule | Multi-State Electronic Communications | Network Investigative Techniques | Systemic Negligence | Forum Shopping

Briefs

United-States-v-Henderson-amicus.pdf

Prior Decision

Panel decision 906 F. 3d 1109 (9th Cir. Oct. 23, 2018)

Argument(s)

The petition presents a constitutional issue of exceptional importance because the panel decision excuses “systemic negligence” in the digital age. Rehearing is warranted to ensure that extra-jurisdictional warrants comply with the laws where evidence is search or seized. Rehearing is warranted to clarify that the good-faith exception does not apply to warrants void for lack of jurisdiction where the agency obtaining the warrant was or should have been aware of the defect.