This Note considers the permissible uses of information secured through a FISA surveillance in light of the fourth amendment issue raised by Falvey. It concludes that when information is sought for purposes of national security or foreign affairs, the nature of the investigation and the compelling government interest in obtaining the information require fourth amendment standards in some respects different and lower than in ordinary criminal investigations.
Christine A. Burke,
Foreign Intelligence Surveillance: Intelligence Gathering of Prosecution?,
6 Fordham Int'l L.J. 501
Available at: http://ir.lawnet.fordham.edu/ilj/vol6/iss3/5