NCJ Number
122817
Journal
FBI Law Enforcement Bulletin Volume: 59 Issue: 2 Dated: (February 1990) Pages: 23-29
Date Published
1990
Length
7 pages
Annotation
As various countries share law enforcement information, coordinate cases of mutual interest, locate each other's fugitives, and participate in transcontinental undercover operations, U.S. courts are being asked to delineate standards governing the admissibility of evidence collected in foreign countries.
Abstract
Legal issues in determining what evidence from a foreign search will be admissible in American courts concern whether the Fourth Amendment is applicable to a foreign search and, if so, what procedures police must use to meet the reasonableness standard. Resolving Fourth Amendment applicability depends on the extent of U.S. official participation in the foreign search; in general, the greater the level of involvement, the more likely Fourth Amendment standards will apply. Evidence independently acquired by foreign police for their own purposes is admissible in U.S. courts despite the fact that such evidence, if seized in the same manner by U.S. police, might be excluded under the Fourth Amendment. A search controlled exclusively by American authorities, either inside or outside the territorial boundaries of the United States, must be conducted in a manner consistent with the Fourth Amendment. If a U.S. official will be involved in a foreign search that might be considered a joint venture, the official should obtain legal advice to insure that any resulting action will be deemed reasonable by Fourth Amendment standards. 38 references.