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A Muslim student, residing in Santa Clara, California, is suing the Federal Bureau of Investigations (FBI) for allegedly violating his First, Fourth, and Fifth Amendment rights. The Council of American-Islamic Relations (CAIR) filed the lawsuit against the FBI on behalf of Yasir Afifi, after he discovered a concealed GPS tracking device on his car. According to Afifi, the device was placed on the car without a warrant or his prior knowledge.

Yasir Afifi found the device when he took his car in for an oil change. When he and a friend failed to figure out what the device was, they posted it online to see if anyone in their social media network knew what it was. They discovered it was a GPS tracking device after the FBI contacted them, demanding that they return the costly device.

The suit specifically names Attorney General Eric Holder, FBI Director Robert Mueller and “unknown” FBI agents as defendants. It states: “Defendants’ actions, orders, and authorizations, which deprived Plaintiff of his right to be free from unreasonable warrantless searches, give rise to a cause of action for damages directly under the Fourth Amendment. . . Defendants’ unlawful intrusions into Mr. Afifi’s life — initiated as a result of his heritage, lawful associations, and disclosed political views — create an objective chill on Mr. Afifi’s First Amendment activities.

In addition to the fear Mr. Afifi now feels when expressing his political views and maintaining certain lawful associations, Defendants’ actions have deterred others from associating with him, prospective employers most notably.” Afifi and CAIR are seeking monetary damages, as well as an injection, which would prevent the FBI from conduction future warrantless surveillance with a GPS tracking device.

The lawsuit was filed March 2, 2011 in Washington, DC at the U.S. District Court. The CAIR, with Yasir Afifi, claim that warrantless GPS tracking and monitoring of U.S. citizens directly violate constitutional rights. The principle of “innocent until proven guilty” should prevent law enforcement from intruding on the privacy of citizens who have not been convicted of a crime.

Article Written by Marisa O’Connor