United States v. Giraudo

CLARIFYING ORDER

CHARLES R. BREYER, UNITED STATES DISTRICT JUDGE

While investigating Defendants, federal agents decided to bug a courthouse. They also decided that they didn’t need a warrant to, yes, bug a courthouse. There can be no doubt that these decisions flouted constitutional and statutory protections alike. But in this criminal case, questions remain about who may suppress what as a result.

I. BACKGROUND

A. Legal Backdrop

Two legal regimes are in play here: one constitutional, one statutory.

1. Fourth Amendment

The government conducts a search under the Fourth Amendment when an effort to…