United States v. Verdugo-Urquidez

The Fourth Amendment does not apply where American officers search a foreign national who has no “substantial connections” with the United States and where the search takes place outside the United States. The Fourth Amendment protects “the people.” The term “the people” refers to a class of persons who consist of a national community or who have otherwise developed sufficient ties with this country to be considered part of that community. This language contrasts with the words “person” and “accused” used in the Fifth and Sixth Amendments regulating procedure in criminal cases.

The Fifth and Sixth Amendment rights are different from Fourth Amendment rights. They are fundamental trial rights; a violation occurs only at trial. A violation of the Fourth Amendment is fully accomplished at the time of an unreasonable intrusion by government agents. Therefore, any possible Fourth Amendment violation occurred in Mexico.

The absence of local judges or magistrates available to issue warrants, the differing and perhaps unascertainable conceptions of reasonableness and privacy that prevail abroad, and the need to cooperate with foreign officials all indicate that the Fourth Amendment warrant requirement should not apply abroad.