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Fourth Amendment no application in international extraditions

By John Wesley Hall, Jr.

The Fourth Amendment has no application in an international extradition proceeding. [Although here, the court grants a conditional extradition based on the assurances of the requesting country that a new trial will be given on extradition because the fugitive was tried in absentia even in apparent violation of the requesting country's constitution.] In re Extradition of Harusha, 2008 WL 1701428 (E.D. Mich. April 9, 2008): The Fourth, Fifth and Sixth Amendments have no application to extradition hearings. See Neely v. Henkel, 180 U.S. 109, 122 (1901) (rights available to one charged with criminal offense in the United States not applicable to offenses committed outside the United States against the laws of another country); Glucksman v. Henkel, 221 U...continue to full post

Full post as published by Fourth Amendment on April 16, 2008 (boomark / email).