NCJ Number
195906
Journal
FBI Law Enforcement Bulletin Volume: 71 Issue: 7 Dated: July 2002 Pages: 25-32
Editor(s)
John E. Ott
Date Published
July 2002
Length
8 pages
Annotation
This article reviews the constitutional protections extended to officers conducting investigations overseas in conjunction with foreign investigators.
Abstract
Today American law enforcement is confronted with the difficult and many times dangerous task in investigating international terrorism. Simultaneously, investigators must balance the actions designed to ensure the security and safety of citizens against individual rights. This article examines how American law enforcement officials may seek foreign assistance in their investigations and reviews the constitutional restraints on these investigations. Overseas protection is reviewed in terms of the Fourth Amendment and evidence seized and the Fifth Amendment and the rights to silence and counsel as applied to interrogations. American investigators acting abroad must be aware of which Constitutional rights have extraterritorial effect, which are dependant on many factors: (1) whether the investigations are conducted by foreign and American investigators alone; (2) whether foreign and American investigators are acting jointly; (3) whether American investigators are alone; or (4) whether the target of investigative action is an American citizen or a foreign rational. American investigators overseas should always comply with foreign laws and conduct their investigations as if they were operating in the United States. If American investigators are working jointly with foreign officials, American investigators should be aware that their activities are subject to Constitutional limitations when the subject is an American or American interest.