In what circumstances have courts sustained mail cover against first, fourth and ninth amendment challenges?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gering, 716 F.2d 615 (9th Cir. 1983):
In United States v. Choate, 576 F.2d 165 (9th Cir.), cert. denied, 439 U.S. 953, 99 S.Ct. 350, 58 L.Ed.2d 344 (1978) (Choate II ), aff'd, 619 F.2d 21 (9th Cir.), cert. denied, 449 U.S. 951, 101 S.Ct. 354, 66 L.Ed.2d 214 (1980), we sustained a mail cover against first, fourth and ninth amendment challenges. While Choate II did not directly implicate the free exercise clause, the rationale is instructive. In finding no first amendment rights were violated, we stated:
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