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CA2: Warrant clause does not protect U.S. citizens abroad, only reasonableness

By John Wesley Hall, Jr.

"[W]e have not yet determined the specific question of the applicability of the Fourth Amendment's Warrant Clause to overseas searches. Faced with that question now, we hold that the Fourth Amendment's warrant requirement does not govern searches conducted abroad by U.S. agents; such searches of U.S. citizens need only satisfy the Fourth Amendment's requirement of reasonableness." Also, national security is a valid reason to limit a defendant's ability to see evidence in a suppression motion. In re Terrorist Bombings of United States Embassies in East Africa (Fourth Amendment Challenges) (United States v. Odeh), 2008 U.S. App. LEXIS 24054 (2d Cir. November 24, 2008): The question of whether a warrant is required for overseas searches of U...continue to full post

Full post as published by Fourth Amendment on November 27, 2008 (boomark / email).