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

Brief filed: 12/17/2018


United States v. Henderson

9th Circuit Court of Appeals; Case No. 17-10230

Prior Decision

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


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. 


Michael Price, NACDL, Washington, DC; Donald M. Falk, Mayer Brown LLP, Palo Alto, CA; Andrew Crocker, EFF, San Francisco, CA.

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