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Article: Searches and seizures of Americans abroad: re-examining the Fourth Amendment's warrant clause and the foreign intelligence exception five years after United States v. Bin Laden.
- Article from:
- Duke Law Journal
- Article date:
- March 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The proposition is, of course, not that the Constitution 'does not apply' overseas, but that there are provisions in the Constitution which do not necessarily apply in all circumstances in every foreign place.
--Justice John Harlan (1)
INTRODUCTION
The United States intelligence community subjects certain American citizens living abroad to secret wiretaps of their phones and physical searches of their homes, without obtaining a judicial warrant. Take for instance a Texan, living with his wife and young children in Kenya, whose every telephone conversation was monitored for a year and whose home was entered while he was away in order to ...