NCJ Number
123517
Journal
ABA Journal Volume: 76 Dated: (May 1990) Pages: 42,44,46,48
Date Published
1990
Length
4 pages
Annotation
The drug exception has dominated the Supreme Court's Fourth Amendment decisions.
Abstract
In the case of United States v. Verdugo Urquidez, the defendant was a Mexican national charged with importing marijuana into the United States and convicted for the murder of Enrique Camarena Salazar, a Drug Enforcement Agency agent. The Supreme Court ruled by a 6-3 margin to admit evidence seized in Mexico by American and Mexican officials. Justice Rehnquist insisted that although resident aliens have certain constitutional rights, Verdugo Urquidez had no Fourth Amendment protection because he had no previous significant voluntary connection with the United States. For Justice Kennedy, several factors supported the admissibility of evidence seized from the home of a nonresident alien: absence of local judges or magistrates available to issue warrants; differing perceptions of reasonableness and privacy that prevail abroad; and the need to cooperate with foreign officials. Justice Stevens concluded the search was not unreasonable because it was conducted with the cooperation of Mexican authorities. Dissenting opinions regarding the admissibility of evidence from foreign searches are discussed, as well as the impact of Mutual Legal Assistance Treaties signed by many western countries.