Searches and Seizures of Americans Abroad: Re-Examining the Fourth Amendment's Warrant Clause and the Foreign Intelligence Exception Five Years after United States V. Bin Laden

The United States intelligence community subjects certain American citizens living abroad to secret wiretaps of their phones and physical searches of their homes, without obtaining a judicial warrant. Take for instance a Texan, living with his wife and young children in Kenya, whose every telephone...

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Bibliographic Details
Published in:Duke law journal 2006-03, Vol.55 (5), p.1059-1088
Main Author: Then, Corey M.
Format: Article
Language:English
Subjects:
Americans
Arrest warrants
Bench warrants
Criminal investigation
Criminals
Electronic surveillance
Exceptions (Law)
Exclusionary rule
Fourth Amendment
Intelligence gathering
Intelligence service
Laws, regulations and rules
Legal status, laws, etc
Privacy
Privacy, Right of
Search and seizure
Search warrants
Searches and seizures
Surveillance
Terrorism
Unreasonable search and seizure
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Summary:The United States intelligence community subjects certain American citizens living abroad to secret wiretaps of their phones and physical searches of their homes, without obtaining a judicial warrant. Take for instance a Texan, living with his wife and young children in Kenya, whose every telephone conversation was monitored for a year and whose home was entered while he was away in order to confiscate his property. Should Americans care that their government might so intrude on their privacy without a warrant? Should those sentiments change when the Texan is an al-Qaeda operative who participated in the terrorist attacks on United States Embassies in Kenya and Tanzania, and who was later convicted of conspiracy to commit murder and destroy U.S. property?
ISSN:0012-7086