Category Archives: Foreign searches

S.D.N.Y.: 4A doesn’t apply to seizure of boat in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … Continue reading

Posted in Consent, Foreign searches, Forfeiture | Comments Off on S.D.N.Y.: 4A doesn’t apply to seizure of boat in Fiji belonging to a non-US citizen

CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

Defendant had no Fourth Amendment standing when he was a foreign national on a ship of a foreign country that drew the Coast Guard’s attention south of the Cayman Islands. The Coast Guard finally boarded the ship after the country … Continue reading

Posted in Admissibility of evidence, Consent, Foreign searches, Probation / Parole search | Comments Off on CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

OH7: Taking backpack of arrestee to handcuff doesn’t make it not subject to search incident

“Appellant had the bag on her back at the time the officer arrested her for obstructing official business. The officer’s removal of the bag from the arrestee in order to handcuff her did not eliminate his ability to search the … Continue reading

Posted in Foreign searches, Search incident, Seizure | Comments Off on OH7: Taking backpack of arrestee to handcuff doesn’t make it not subject to search incident

D.D.C.: Even joint venture search in Dominican Republic of a Venezuelan citizen doesn’t violate 4A

Defendant is charged with hostage taking in the Dominican Republic. Trial starts next week. He is a citizen of Venezuela in the Dominican Republic, and the search there did not violate his Fourth Amendment rights since he had no connection … Continue reading

Posted in Consent, Foreign searches, Probable cause, Reasonableness | Comments Off on D.D.C.: Even joint venture search in Dominican Republic of a Venezuelan citizen doesn’t violate 4A

S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

Defendants produced nothing to show that U.S. officers enlisted Colombian officers to wiretap their phones there. United States v. Ruiz, 2023 U.S. Dist. LEXIS 186612 (S.D.N.Y. Oct. 16, 2023).* Just because there were discrepancies between the testimony at the suppression … Continue reading

Posted in Foreign searches, Franks doctrine, Plain view, feel, smell | Comments Off on S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

D.S.D.: Two anonymous tips about a car built upon one another and provided RS

Two anonymous tips about a car built upon one another and finding the car on the interstate was reasonable suspicion. United States v. Gonzalez, No. 422-CR-40119-KES, 2023 U.S. Dist. LEXIS 167068 (D.S.D. Sep. 15, 2023). Defendant was indicted for conspiring … Continue reading

Posted in Burden of pleading, Cell phones, Foreign searches, Informant hearsay, Reasonable suspicion | Comments Off on D.S.D.: Two anonymous tips about a car built upon one another and provided RS

OH8: Dog alert on a car permits search of containers in it

A dog alert on a car was probable cause for a search of it and containers, here a backpack. State v. Kumuhone, 2023-Ohio-2586, 2023 Ohio App. LEXIS 2554 (8th Dist. July 27, 2023). “The contemporaneous tip, the visual details that … Continue reading

Posted in Automobile exception, Dog sniff, Foreign searches, Reasonable suspicion, Scope of search, Seizure | Comments Off on OH8: Dog alert on a car permits search of containers in it

Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

The parole search was valid. “Defendant offers no argument that the search qualified as harassing, arbitrary, or capricious.” People v. Session, 2023 Cal. App. LEXIS 549 (4th Dist. July 19, 2023). Defendants were stopped in a go fast vessel (GFV) … Continue reading

Posted in Arrest or entry on arrest, Consent, Foreign searches, Probation / Parole search | Comments Off on Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied

Defendant was the subject of a joint raid in Cambodia by local and U.S. officers. The search of defendant’s room was held unlawful under Cambodian law because there was no written consent of the owner, something with no counterpart in … Continue reading

Posted in Conflict of laws, Exclusionary rule, Foreign searches, Franks doctrine, Particularity | Comments Off on CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied

S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a … Continue reading

Posted in Foreign searches, Probable cause, Scope of search, Standing | Comments Off on S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

The government is not responsible when a subpoenaed party turns over more than was sought. United States v. Taylor, 2022 U.S. App. LEXIS 33418 (4th Cir. Dec. 5, 2022). Officers executing a search warrant at defendant’s house repeatedly made it … Continue reading

Posted in Custody, Foreign searches, Forfeiture, Subpoenas / Nat'l Security Letters | Comments Off on CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

CA7: The question is only whether the officer reasonably believed def violated the law, not whether def did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

Posted in Burden of pleading, Foreign searches, Reasonable suspicion | Comments Off on CA7: The question is only whether the officer reasonably believed def violated the law, not whether def did

CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

Posted in Excessive force, Foreign searches, Reasonable suspicion, Reasonableness | Comments Off on CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

CA2: Video surveillance in Thailand legal under Thai law admissible here

The DEA with Thai officers installed a camera and listening device in a dwelling in Phuket, Thailand. Defendant was a short-time guest there and he was recorded. Apparently the installation and monitoring was legal under Thai law. The capture of … Continue reading

Posted in Foreign searches, Independent source, Qualified immunity | Comments Off on CA2: Video surveillance in Thailand legal under Thai law admissible here

D.D.C.: SW not needed to search seized oligarch’s yacht in foreign port

A warrant for search of a Russian oligarch’s seized yacht under sanctions for the Ukraine invasion is denied as probably unnecessary. “The Fourth Amendment does not apply to the search and seizure of property owned by a nonresident alien located … Continue reading

Posted in Foreign searches, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on D.D.C.: SW not needed to search seized oligarch’s yacht in foreign port

CA2: MLAT treaty search of Netherlands server was a foreign search

El Chapo’s case: The district court was correct in not suppressing telephone calls on a drug cartel network set up in the Netherlands to facilitate their drug trafficking. The information was obtained by an MLAT treaty request, and it was … Continue reading

Posted in Conflict of laws, Foreign searches, Informant hearsay | Comments Off on CA2: MLAT treaty search of Netherlands server was a foreign search

D.D.C.: Def abandoned a gun in flight up stairs in a house

Defendant fled up stairs when the police entered on a search warrant. He was captured finally on the third floor landing and was brought downstairs. A gun was found where he was lying on the floor. It was abandoned. United … Continue reading

Posted in Abandonment, Foreign searches | Comments Off on D.D.C.: Def abandoned a gun in flight up stairs in a house

N.D.Iowa: Asking “What’s going on?” was not withdrawal of consent

The court adopts the R&R finding on the totality that defendant consented to a search of his backpack, despite some intoxication. His saying “What’s going on?” was not withdrawal of consent. United States v. Harden, 2021 U.S. Dist. LEXIS 126242 … Continue reading

Posted in Consent, Foreign searches, Standing | Comments Off on N.D.Iowa: Asking “What’s going on?” was not withdrawal of consent

CA2: No 4A extraterritorial jurisdiction over Switzerland enforcing its own law against Americans in Switzerland

An extraterritorial seizure of art work and antiquities in Switzerland of American citizens doesn’t involve the Fourth Amendment. International law has not adopted the Fourth Amendment’s probable cause standard. There is no justification shown for applying the Fourth Amendment to … Continue reading

Posted in Foreign searches, Ineffective assistance, Nexus | Comments Off on CA2: No 4A extraterritorial jurisdiction over Switzerland enforcing its own law against Americans in Switzerland

N.D.Okla.: SW for Native American lands issued by state court judge that may be invalid under McGirt v. Oklahoma is saved by GFE

A state search warrant for Native American lands that later may be invalid because it was not issued by a tribal or federal court under McGirt v. Oklahoma is saved by the good faith exception. United States v. Hamett, 2021 … Continue reading

Posted in Consent, Foreign searches, Good faith exception | Comments Off on N.D.Okla.: SW for Native American lands issued by state court judge that may be invalid under McGirt v. Oklahoma is saved by GFE