Category Archives: Foreign searches

CA3: Foreign search didn’t violate 4A

“Standing alone, foreign law enforcement officials sharing information gleaned from their own activities with United States authorities — even if cloaked in cooperative terms in agency reports — is not indicative of an impermissible joint venture, and thus, the District … Continue reading

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D.P.R.: USMS observing def’s arrest in Dominican Republic didn’t make arresting officers U.S. agents

The USMS observing defendant’s arrest in the Dominican Republic wasn’t enough to make the actions of the arresting officers agents of the United States. United States v. Acevedo-Martinez, 2020 U.S. Dist. LEXIS 87958 (D. P.R. May 18, 2020):

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IL: Failure to show nexus even by inference of def’s connection to premises in SW was a failure of PC

The state failed to show nexus between defendant and the place to be searched that would show that defendant kept drugs on the premises. “To be sure, a judge issuing a search warrant is entitled to draw reasonable inferences from … Continue reading

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D.N.J.: Foreign wiretap complied with their law so it was reasonable for 4A purposes; GFE also applied

“While it is clear that a joint venture has not been adequately alleged by Escalante-Melgar, even if a joint venture is assumed in this case, evidence obtained from the Salvadoran wiretaps would still be admissible. … Here, there is no … Continue reading

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CA5: Citizen of China on ship stopped on high seas by U.S. officers had no 4A rights

“Liang’s first argument, concerning the denial of a hearing on his motion to suppress evidence, is wholly frivolous. Because Liang is ‘a citizen and resident of [China] with no voluntary attachment to the United States’ and the challenged search occurred … Continue reading

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CA11: 49 days for presentment to a USMJ after arrest on the high seas of a foreign national wasn’t unreasonable

“In this drug trafficking case under the MDLEA, we too must follow Verdugo-Urquidez and conclude that defendant Guagua-Alarcon, who is a non U.S. citizen and non-U.S. resident, and who has no significant connection to the United States, cannot challenge under … Continue reading

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N.D.Ga.: Even if def was beaten in his home country after a search that led to charges here, he doesn’t show it violated international norms

Defendant was subjected to a search in Malaysia for identity theft that he alleged included a beating after the search occurred. That evidence was used in the Northern District of Georgia to prosecute him for aggravated identity theft. He admits … Continue reading

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D.P.R.: Colombia requesting U.S. telephone number so they could wiretap it didn’t make this a joint venture

The Colombian government requested a U.S. telephone number, and then they wiretapped it under their law. Later, they provided some information off the wiretap to the U.S. This was not sufficiently a joint venture to invoke the Fourth Amendment. United … Continue reading

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N.D.Ga.: Email tip to Swiss authorities that defs were coming by plane with cocaine wasn’t enough to make the US agents of Switzerland

“Second, Defendants assert that HSI agents ‘were substantially involved’ in the search and seizure by Swiss officials based solely upon an email that was sent by a HSI special agent to the Swiss police alerting them to the fact that … Continue reading

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S.D.Fla.: Observing MLAT search in Canada not enough to invoke “joint venture” doctrine

The government’s MLAT request to Canada to seize records there and then being there to observe for relevance of what was seized was not a “joint venture” when Canada acted on the request. A “joint venture” requires actual involvement, not … Continue reading

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CA2: A request to Italy to search a computer under MLAT wasn’t governed by 4A

Defendant was accused of computer hacking from Italy, and Italian police conducted a search of his computers there. “Beyond alleging that the search was conducted at the request of the U.S. government, however, Gasperini does not argue that Italian officials … Continue reading

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N.D.Ga.: Malaysian police seizing evidence on execution of an extradition warrant to the U.S. wasn’t a “joint venture” with U.S.

Defendant is a Nigerian who was living in Kuala Lumpur, Malaysia. He was arrested on an extradition warrant from the United States for computer hacking of the Georgia Tech computer system. His computers and media were seized at the time … Continue reading

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Daily Beast: New Facebook-Backed Law Would Let Foreign Governments Get Your Data Without a Warrant

Daily Beast: New Facebook-Backed Law Would Let Foreign Governments Get Your Data Without a Warrant by Spencer Ackerman:

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AppleInsider: Apple-supported CLOUD Act passes Congress, will change how governments share data

AppleInsider: Apple-supported CLOUD Act passes Congress, will change how governments share data by Stephen Silver:

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Law 360: Rights Groups Say CLOUD Act Tramples Civil Liberties

Law 360: Rights Groups Say CLOUD Act Tramples Civil Liberties by Stephen Bishop: The National Association of Criminal Defense Lawyers, the American Civil Liberties Union and others are calling on Congress to block legislation meant to facilitate cross-border data requests … Continue reading

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E.D.Mo.: No joint venture shown with Philippines LEOs in seizure of def’s suitcase there

The search in the Philippines was not a joint venture with the United States, so the exclusionary rule doesn’t apply to it. “There is no evidence that the FBI was aware that items from Defendant’s home were in the suitcase. … Continue reading

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