United States v. Adel Daoud

I join the court’s opinion in full. I write separately to address the difficulty of reconciling Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 2676, 57 L.Ed.2d 667 (1978), with a proceeding in which the *486defense has no access to the FISA application that resulted in court-authorized surveillance of the defendant. As the court has recognized, ante at 488, this is one of the principal arguments that Daoud made in support of his request for disclosure of the FISA application.

Franks holds that a search warrant must be voided and the fruits of the search excluded from evidence when (1) a…