bases under military law creature of the because the crimes were constitution and its committed on the citizens abroad subject overseas bases, petition to Bill of Rights for habeas (5th and 6th -Military bases are US amendment rights land violated) Non-US - DEA agents executed a -Is the person affected a 4th amendment does SURVEILLANCE Person search of a Mexican member of the class of not apply to the search (physical) (SCOTUS internationally citizen in Mexico persons part of national and seizure by the US 1990) without a warrant from a community or who of property owned by a US court. have otherwise nonresident alien and developed a sufficient located in a foreign connection with this country country to be considered part of that community? If not, not due protections of Bill of Rights US Person Working with Kenyan Is it an overseas search Constitution doesn't SURVEILLANCE In Re Terrorist internationally authorities, U.S. officials of a US citizen? impose a warrant (electronic and Bombings of in Needs to satisfy 4th requirement here; FISA physical (FISA)) US Embassies searched D’s home Nairobi, pursuant Amendment statute just builds in a in East Africa (2nd Cir. 2008) Kenyan warrant (but reasonableness level of statutory without a US warrant). D requirement. protection over and was not present during above baseline supplied the search of his home. by constitution. US Persons -Charged with violating a Is there PC to believe FISC had PC to believe SURVIELLANCE Rosen (E.D.Va. 2006) domestically Espionage Act to targets are agents of a defendants were agents (electronic and communicate national FP? of a foreign power physical (FISA)) defense information to If yes, FISA warrant when granting warrant. someone not authorized proper
bases under military law because the crimes were committed on the overseas bases, petition for habeas (5th and 6th amendment rights violated) creature of the constitution and its citizens abroad subject to Bill of Rights -Military bases are US land (SCOTUS 1990) Non-US Person internationally - DEA agents executed a search of a Mexican citizen in Mexico without a warrant from a US court. -Is the person affected a member of the class of persons part of national community or who have otherwise developed a sufficient connection with this country to be considered part of that community? If not, not due protections of Bill of Rights 4th amendment does not apply to the search and seizure by the US of property owned by a nonresident alien and located in a foreign country SURVEILLANCE (physical) In Re Terrorist Bombings of US Embassies in East Africa (2nd Cir. 2008) US Person internationally Working with Kenyan authorities, U.S. officials searched D’s home in Nairobi, pursuant Kenyan warrant (but without a US warrant). D was not present during the search of his home. Is it an overseas search of a US citizen? Needs to satisfy 4th Amendment reasonableness requirement. Constitution doesn't impose a warrant requirement here; FISA statute just builds in a level of statutory protection over and above baseline supplied by constitution. SURVEILLANCE (electronic and physical (FISA)) Rosen (E.D.Va. 2006) US Persons domestically -Charged with violating a Espionage Act to communicate national defense information to someone not authorized Is there PC to believe targets are agents of a FP? If yes, FISA warrant proper FISC had PC to believe defendants were agents of a foreign power when granting warrant. SURVIELLANCE (electronic and physical (FISA))