This Comment examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States. Over the past three years, federal courts have tried several cases charging foreign nationals with committing crimes through the use of the Internet; these cases demonstrate a lack of clarity in the standard for warrant requirements regarding these searches. Utilizing these cases, this Comment creates a hypothetical case that presents the issues of Fourth Amendment rights for foreign nationals and seeks to determine how such a question should be answered. It advocates the clear application of United States v. Verdugo-Urquidez to remote cross-border searches conducted by law enforcement officials against foreign nationals. It concludes by introducing several suggestions to clarify the standard implemented by Verdugo for non-remote cross-border searches. In addition, this Comment adds a critical view to the rights that should be accorded foreign nationals when accused of committing crimes through the Internet.
Stewart M. Young,
Verdugo in Cyberspace: Boundaries of Fourth Amendment Rights for Foreign Nationals in Cybercrime Cases,
Mich. Telecomm. & Tech. L. Rev.
Available at: http://repository.law.umich.edu/mttlr/vol10/iss1/3