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 were controlled by American law enforcement agents. A mere request is not sufficient to show control. See, e.g., id. (‘It is not enough that the foreign government undertook its investigation pursuant to an American [Mutual Law Enforcement Assistance Treaty] request.’) There is thus no basis for Gasperini’s efforts to apply to the Italian searches the constitutional standards that would apply to domestic searches conducted by United States officers.” United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018).

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