Eastern District prosecutors insisted Friday that a warrantless surveillance program that intercepted a terrorism defendant’s communications was valid under the Fourth Amendment.

Agron Hasbajrami moved to suppress evidence collected through a warrantless monitoring that wasn’t disclosed until after he was sentenced to 15 years in prison. The law enabling the surveillance was unconstitutional on its face and as applied to his case, said Hasbajrami, a lawful permanent resident who was in the United States when he communicated with an alleged Pakistani extremist (NYLJ, Jan. 5).