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D. Mass.: Entry into an office in Hong Kong by U.S. officials was not governed by the Fourth Amendment

By John Wesley Hall, Jr.

Officers went into defendant’s offices in Hong Kong in an investigation of conspiracy to import illegal munitions into the U.S. The entry into the office by U.S. officials in Hong Kong was not governed by the Fourth Amendment because defendant was not a U.S. citizen, even if it was a “search” and not just a plain view. United States v. Shek, 2010 U.S. Dist. LEXIS 119484 (D. Mass. November 10, 2010): Moreover, to the extent that it could be said there was a search of Jetpower by the U.S. agents, the Fourth Amendment’s protections do not apply. Both the Supreme Court and the First Circuit have unequivocally stated that the Fourth Amendment does not apply to searches or seizures of aliens that take place on foreign territory...continue to full post

Full post as published by Fourth Amendment on November 14, 2010 (boomark / email).