Rethinking the Reasoning of Verdugo-Urquidez

Abstract

This article critiques the Supreme Court’s 1990 decision in United States v. Verdugo-Urquidez. It argues that after nearly 30 years, the “substantial connections” test, which determines if an alien may claim the protections of the Fourth Amendment, has proven entirely unworkable and has been misapplied to areas of law it was never intended to go. It suggests two potential solutions: 1) it offers some much-needed guideposts for courts to use when applying the test; and 2) it offers an alternative that courts should adopt, holding that the Fourth Amendment travels with federal agents enforcing criminal law.

Keywords: extraterritorial, extraterritoriality, Constitution, Fourth Amendment, Law, constitutional law, Verdugo-Urquidez, warrant, search, substantial connections