CONSTITUTIONAL LAW - SEARCH AND SEIZURE - WARRANT REQUIRED FOR ELECTRONIC SURVEILLANCE OF DOMESTIC GROUPS HAVING NO DIRECT RELATIONSHIP WITH FOREIGN POWERS EVEN WHEN NATIONAL SECURITY IS INVOLVED

• NCJ Number: 34072
• Journal: Vanderbilt Law Review Volume: 28 Issue: 5 Dated: (OCTOBER 1975) Pages: 1135-1146
• Author(s): T C MAGUIRE
• Date Published: 1975
• Length: 12 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS 1975 CASE, THE DEFENDANT ALLEGED THAT SINCE THE SURVEILLANCE HAD BEEN AUTHORIZED BY THE PRESIDENT PURSUANT TO HIS CONSTITUTIONAL FOREIGN SECURITY POWER, NONE OF THE PLAINTIFF'S RIGHTS HAD BEEN VIOLATED.

Abstract

THIS COMMENT PRESENTS THE FACTS AND HOLDINGS OF THE INSTANT CASE (ZWEIBON V. MITCHELL) DECIDED BY THE DISTRICT OF COLUMBIA CIRCUIT, REVIEWS PRIOR COURT DECISIONS ON CONSTITUTIONAL CHALLENGES TO INTERCEPTIONS OF PRIVATE COMMUNICATIONS BY ELECTRONIC SURVEILLANCE DEVICES, AND DISCUSSES THE EFFECTS OF A JUDICIAL LIMITATION ON THE PRESIDENTIAL POWER TO CONDUCT WARRANTLESS ELECTRONIC SURVEILLANCE IN ANY SITUATION INVOLVING FOREIGN SECURITY. THE AUTHOR SUGGESTS THAT REQUIRING THE GOVERNMENT TO SUBMIT TO PRIOR JUDICIAL REVIEW OF PROPOSED ELECTRONIC SURVEILLANCES (AT LEAST WHERE THE SUBJECTS HAVE NO DIRECT RELATIONSHIP WITH A FOREIGN POWER), ALONG WITH THE IMPOSITION OF MEANINGFUL STANDARDS FOR ISSUING WARRANTS AND PROCEDURAL SAFEGUARDS TO MINIMIZE INTRUSIONS INTO THE PRIVACY OF INDIVIDUALS, LESSENS THE THREAT TO INDIVIDUAL RIGHTS THAT UNCHECKED FOREIGN SECURITY POWER OTHERWISE WOULD POSE. ALSO CITED IS A REDUCTION IN THE NUMBER OF WARRANTLESS SEARCHES THAT WOULD OTHERWISE REMAIN SECRET.