United States v. United States District Court
United States v. U.S. District Court, 407 U.S. 297 (1972), also known as the Keith case, was a landmark United States Supreme Court decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat. The United States charged John Sinclair, Lawrence 'Pun' Plamondon, and John Forrest with conspiracy to destroy government property. One of the defendants, Lawrence 'Pun' Plamondon, was also charged with the dynamite bombing of an office of the Central Intelligence Agency in Ann Arbor, Michigan. The defendants  were leaders of the radical White Panther Party. In response to a pretrial motion by the defense for disclosure of all electronic surveillance information, Nixon's attorney general, John Mitchell, claimed he authorized the wiretaps pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and was not required to disclose the sources. Though warrantless, the act allows for an exception to prevent the overthrow of the government and when "any other clear and present danger to the structure or existence of the Government" exists. The Government contended that since the defendants were members of  a domestic organization attempting to subvert and destroy it, this case fell under the exception clause. After reading the briefs and hearing oral arguments by Constitutional attorney Hugh M. "Buck" Davis, Judge Damon Keith of the United States District Court for the Eastern District of Michigan disagreed and ordered the Government to disclose all of the illegally intercepted conversations to the defendants. The Government appealed, filing a petition for a writ of mandamus with the Court of Appeals for the Sixth Circuit to set aside the order. The Sixth Circuit also rejected the Government's arguments and upheld the lower  court decision. The decision. The Supreme Court upheld the prior rulings in the case, holding that the wiretaps were an unconstitutional violation of the Fourth Amendment and as such must be disclosed to the defense. This established the precedent that a warrant needed to be obtained before beginning electronic surveillance even if domestic security issues were involved. Note that the decision applied only to domestic issues; foreign intelligence operations were not bound by the same standards. The governing law for electronic surveillance of "foreign intelligence information" between or among "foreign powers" is the Foreign Intelligence Surveillance Act (FISA) of 1978