Verdugo in Cyberspace: Boundaries of Fourth Amendment Rights for Foreign Nationals in Cybercrime Cases

Abstract

This Article examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States. Over the past two years, federal courts have tried several cases relating to foreign nationals committing crimes through the use of the Internet, and the standard for warrant requirements for these searches is not clear. Utilizing these cases, this Article creates a hypothetical case that presents the issues of Fourth Amendment rights for foreign nationals and seeks to determine how such a question should be answered. It advocates the clear application of United States v. Verdugo-Urquidez to remote cross-border searches conducted by law enforcement officials against foreign nationals. It concludes by introducing several thoughts on clarifying the standard implemented by Verdugo for non-remote cross-border searches of foreign nationals. In addition, this Article adds a critical view to the rights that should be accorded foreign nationals when accused of committing crimes through the Internet.

Keywords: Cyberspace, Internet, Fourth Amendment, Foreign National, Verdugo, Cross-border search, computer search, law enforcement