United States v. Houston

Brief of the National Association of Criminal Defense Lawyers, Brennan Center for Justice at NYU School of Law, Electronic Frontier Foundation, American Civil Liberties Union, American Civil Liberties Union of Tennessee, Libertarian National Committee, and Hon. Bob Barr in Support of Rehearing En Banc.

Brief filed: 02/29/2016

Documents

United States v. Houston

6th Circuit Court of Appeals; Case No. 14-5800

Prior Decision

Panel decision United States v. Houston, No. 14-5800, 2016 WL 482210 (6th Cir. Feb. 8, 2016).

Argument(s)

The Panel fails to account for the realities of modern technology. Long-term electronic surveillance is qualitatively different from personal observation. The Panel opinion authorized constant, warrantless government surveillance. To engage in long-term, covert surveillance, police simply need a warrant.

Featured Products

Author(s)

Michael Price and Rachel Levinson-Waldman, Brennan Center for Justice at NYU School of Law, New York, NY; Candace Crouse, Pinales Stachler Young, Burrell & Crouse Co., LPA, Cincinnati, OH.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free