Because the Fourth Amendment governs the search of respondent's Mexican residences, the District Court properly suppressed the evidence found in that search because the officers conducting the search did not obtain a warrant. (1936), stand for the proposition that we must interpret constitutional protections in light of the undoubted power of the United States to take actions to assert its legitimate power and authority abroad. U.S. 91 United States, and the place searched was located in Mexico. ] The majority places an unsupportable reliance on the fact that the Drafters used "the people" in the Fourth Amendment while using "person" and "accused" in the Fifth and Sixth Amendments respectively, see ante, at 265-266. 138 (CA1 1950) ("Obviously, Congress may not nullify the guarantees of the Fourth Amendment by the simple expedient of Verdugo-Urquidez,1 decided by the U.S. Supreme Court on February 28, 1990, holds that the U.S. Constitution's Fourth Amendment protection against 'unreasonable . ] The United States Government has already recognized the importance of these constitutional requirements by adopting a warrant requirement for certain foreign searches. Do Not Sell or Share My Personal Information, Wildfires in Anchorage? The global view taken by the Court of Appeals of the application of the Constitution is also contrary to this Court's decisions in the Insular Cases, which held that not every constitutional provision applies to governmental activity even where the United States has sovereign power. 387 ] The last of the Insular Cases cited by the majority, Downes v. Bidwell, The available historical data show, therefore, that the purpose of the Fourth Amendment was to protect the people of the United States against arbitrary action by their own Government; it was never suggested that the provision was intended to restrain the actions of the Federal Government against aliens outside of the United States territory. In most cases implicating foreign policy concerns in which the reasonableness of an overseas search or seizure is unclear, application of the Fourth Amendment will not interfere with the Executive's traditional prerogative in foreign affairs because a court will have occasion to decide the constitutionality of such a search only if the Executive decides to bring a criminal prosecution and introduce evidence seized abroad. Felix, the former owner of a Los Angeles-area seafood company, is already serving a 15-year federal prison sentence for heading a Southern California marijuana operation authorities believe was tied to Caro Quinteros operation. U.S. 259, 294] U.S. 528, 535 In an Act to "protect the Commerce of the United States" in 1798, Congress authorized President Adams to "instruct the commanders of the public armed vessels which are, or which shall be employed in the service of the United States, to subdue, seize and take any armed French vessel, which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas." In Dorr, we declared the general rule that in an unincorporated territory - one not clearly destined for statehood - Congress was not required to adopt "a system of laws which shall include the right of trial by jury, and that the Constitution does not, without legislation and of its own force, carry such right to territory so situated." 11 (Congress has power to grant letters of marque and reprisal). . [494 Camarena was investigating theGuadalajara Cartel along with the help of Alfredo Zavala, a pilot who would fly over drug fields. Many disputed the original view that the Federal Government possessed only narrow delegated powers over domestic affairs, however, and ultimately felt an Amendment prohibiting unreasonable searches and seizures was necessary. 299 Footnote 9 Mike Vigil, a DEA agent who worked with Camarena in Mexico in the early 1980s, said Bernab had managed to evade justice. Rene Verdugo Urquidez was a Mexican drug trafficker who controlled drug trafficking in Nogales, Sonora. [494 Given the history of our Nation's concern over warrantless and unreasonable searches, explicit recognition of "the right of the people" to Fourth Amendment protection may be interpreted to underscore the importance of the right, rather than to restrict the category of persons who may assert it. The officers arrested Verdugo-Urquidez, placed him in the back of an unmarked car, and forced him to lie down on the seat with his face covered by a jacket. 613. 190 It is thus extremely unlikely that the Framers intended the narrow construction of the term "the people" presented today by the majority. App. The drafting history of the Fourth Amendment also does not support the majority's interpretation of "the people." Cf. The latest on power restorations in the Valley, Valley residents deal with insurance claims from hail damage, Power outage causes issues at South Texas Comic Con, La Joya Standout Pitcher Dedicates Every Win to her Brother, Gonzalez Wins Silver at State Tennis Tourney, Edinburg North Freshman Maya Chen Headed to 5A State Tennis Tournament, Hidalgo Hires Marroquin as new AD/Football Coach. As the majority recognizes, ante, at 264, the Fourth Amendment is violated at the time of an unreasonable governmental intrusion, even if the victim of unreasonable governmental action is never formally "accused" of any wrongdoing. BLACKMUN, J., filed a dissenting opinion, post, p. 297. branches to respond to foreign situations involving our national interest. And in Talbot, the vessel's owners opposed the seizure on purely factual grounds, claiming the vessel was not French. U.S. 296, 298 By respecting the rights of foreign nationals, we encourage other nations to respect the rights of our citizens. - Decided: Feb. 28, 1990. Interrogation Tape Played in Torture-Slaying Trial | AP News . U.S. 67, 79 U.S. 304, 318 even though he was brought and held here against his will." It cited this Court's decision in Reid v. Covert, In all that time, particularly when respondent and Agent Bowen were both in the United States and Agent Bowen was awaiting further communications from Special Agent White, DEA agents could easily have sought a warrant from a United States Magistrate. U.S. 1032 Particularly in the past decade, our Government has sought, successfully, to hold foreign nationals criminally liable under federal laws for conduct committed entirely beyond the territorial limits of the United States that nevertheless has effects JUSTICE STEVENS, concurring in the judgment.
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