Category Archives: Foreign searches

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

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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

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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

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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

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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

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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

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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

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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

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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

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M.D.Fla.: No 4A protection for non-citizen stopped by CG at sea

A non-citizen on an unflagged boat at sea off Florida had no protection of the Fourth Amendment from a Coast Guard stop. In addition, the stop was based on reasonable suspicion merely from observation. United States v. Perez, 2021 U.S. … Continue reading

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M.D.Fla.: Jettisoning packages from vessel in international waters is RS

“The Coast Guard observed Valverde and the crew jettisoning packages from a vessel located in international waters.” This was reasonable suspicion for a stop and boarding. United States v. De La Cruz Valverde, 2020 U.S. Dist. LEXIS 225685 (M.D. Fla. … Continue reading

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S.D.Fla.: Helping Canada comply with a US MLAT request doesn’t make it a joint venture

Merely helping Canadian law enforcement comply with an MLAT request from the United States was not a joint venture. United States v. Kachkar, 2020 U.S. Dist. LEXIS 222738 (S.D. Fla. Nov. 30, 2020). Defendant’s cell phone was seized at the … Continue reading

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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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