The Need for Warrants Authorizing Foreign Intelligence Searches of American Citizens Abroad: A Call for Formalism
In: University of Chicago Law Review, Jg. 69 (2002), S. 403
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Federal agents rush into a house in Kenya to search for information about a worldwide terrorist organization. This oncerare scenario figures prominently in the new, post-September 11 world, and it formed the facts of United States v Bin Laden. 1 In Bin Laden, the court held that a warrant is not required for a search by the United States government of an American citizen living abroad when the search is for foreign intelligence purposes. 2 The court fit its decision under the rubric of the "foreign intelligence exception" to the Fourth Amendment's Warrant Clause. 3 By deciding Bin Laden in this fashion, the court resurrected a long-dormant debate regarding the existence of the foreign intelligence exception, which applies to searches of agents of foreign powers for foreign intelligence information. 4 The Warrant Clause of the Fourth Amendment 5 has been interpreted to require the Executive to obtain a warrant based on probable cause prior to a search or seizure. The Supreme Court has long read this clause in conjunction with the first clause of the Fourth Amendment, yielding the rule that a search or seizure is unreasonable unless accompanied by a warrant. 6 But the Court has recognized some exceptions to this rule. 7 Prior to 1978, however, the Supreme Court remained agnostic regarding the foreign intelligence exception, and the circuit courts split on the issue. In a 1972 case, United States v United States District Court (Keith), 8 the Court announced a generally applicable test for determining ...
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The Need for Warrants Authorizing Foreign Intelligence Searches of American Citizens Abroad: A Call for Formalism
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Autor/in / Beteiligte Person: | Sandberg, Justin M. |
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Zeitschrift: | University of Chicago Law Review, Jg. 69 (2002), S. 403 |
Veröffentlichung: | 2002 |
Medientyp: | academicJournal |
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