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


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).


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.

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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.