U.S. 138 Second, historical materials contain no evidence that the Drafters intended to limit the availability of the right expressed in the Fourth Amendment. into a sea of uncertainty," ante, at 274, that will impair materially its ability to conduct foreign affairs. Hall. HONORABLE JOHN A. KRONSTADT United States District Judge. The agents found documents believed to be the defendant's records of his marijuana shipments. U.S. 259, 274] U.S. 906 138 (CA1 1950) ("Obviously, Congress may not nullify the guarantees of the Fourth Amendment by the simple expedient of I agree with the Government, however, that an American magistrate's lack of power to authorize a search abroad renders the Warrant Clause inapplicable to the search of a noncitizen's residence outside this country. STEVENS, J., filed an opinion concurring in the judgment, post, p. 279. Some who violate our laws may live outside our borders under a regime quite different from that which obtains in this country. Grundman, The New Imperialism: The Extraterritorial Application of United States Law, 14 Int'l Law. 3 Respondent is an alien who has had no previous significant voluntary Rehnquist, joined by White, O'Connor, Scalia, Kennedy, This page was last edited on 15 January 2021, at 03:24. 354 (1978), for this proposition. The distinction between citizens and aliens follows from the undoubted proposition that the Constitution does not create, nor do general principles of law create, any juridical relation between our country and some undefined, limitless class of noncitizens who are beyond our territory. For over 200 years, our country has considered itself the world's foremost protector of liberties. (1903) (provisions on indictment by grand jury and jury trial inapplicable in Hawaii); Downes v. Bidwell, 404 339 U.S. 259, 287], The majority looks to various constitutional provisions and suggests that "`the people' seems to have been a term of art." 116 It cited this Court's decision in Reid v. Covert, 11 (Congress has power to grant letters of marque and reprisal). ] The United States Government has already recognized the importance of these constitutional requirements by adopting a warrant requirement for certain foreign searches. Ante, at 265. -80 (1976) ("In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens"). Bowen believed that the searches would reveal evidence related to respondent's alleged narcotics trafficking activities and his involvement in the kidnaping and torture-murder of DEA Special Agent Enrique Camarena Salazar (for which respondent subsequently has been convicted in a separate prosecution. Ibid. Cf. SAN ANTONIO - For the second straight year Salud y Vida: Buscan aprobacin de nuevo medicamento. When the Executive decides to conduct a search as part of an ongoing criminal investigation, fails to get a warrant, and then seeks to introduce the fruits of that search at trial, however, the courts must enforce the Constitution. 437 (1789) (statement of J. Madison). [ *. 403 FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Rene Martin Verdugo-Urquidez is a reputed international drug smuggler, and since the late 1970s the DEA has been keeping tabs on his activities.' 9 . Chief Justice Rehnquist authored the opinion for the Court, joined by Justices White, Scalia, Kennedy and O'Connor, contending that "the people" intended to be protected by the Fourth Amendment were the people of the United States, and that the defendant's "legal but involuntary presence" on U.S. soil (a direct result of his arrest) failed to create a sufficient relationship with the U.S. to allow him to call upon the Constitution for protection.[3].
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