Category Archives: Foreign searches

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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D.D.C.: Joint venture doctrine is product of 4A, and citizens of another country prosecuted here for what happened there can’t claim it

Non-citizens cannot claim the joint venture doctrine in claiming an alleged Fourth Amendment violation in another country by the U.S. being on an alleged joint venture with the other country in a criminal investigation. In addition, the conduct doesn’t shock … Continue reading

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N.D.Ill.: Assistance and foreign wiretap were done by locals; no U.S. involvement, so no 4A protection

Defendant was indicted for ATM skimming and other identity theft offenses. The FBI started the investigation and contacted Bulgarian police about phone numbers from there. Bulgarian police tied the numbers to defendant, and they procured wiretaps at U.S. request and … Continue reading

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CA5: No joint venture between DEA and Colombian police to wiretap Colombia nationals’ cell phones there so no 4A challenge here

Colombian nationals had no connection to the United States at the time the Colombia National Police wiretapped their Colombian cell phones in Colombia. This evidence came in when they were indicted in the Eastern District of Texas for conspiracy to … Continue reading

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