Court Backs Warrantless Searches Abroad

By BENJAMIN WEISER
NYT

The authorities may lawfully conduct searches and electronic surveillance against United States citizens in foreign countries without a warrant, a federal appeals court panel said on Monday, bolstering the government’s power to investigate terrorism by ruling that a key constitutional protection afforded to Americans does not apply overseas.

The unanimous decision by a three-judge panel of the United States Court of Appeals for the Second Circuit, in Manhattan, came in the case of three Al Qaeda terrorists convicted a few months before 9/11 in a conspiracy that involved the 1998 bombings of two American embassies in East Africa.

The court did not address the question of whether the government could conduct warrantless wiretaps of international calls involving people in the United States, an issue that drove a wedge between the Bush administration and Congress. But the ruling did give footing to those who say that terrorism suspects can be successfully and effectively prosecuted in civilian courts.

The warrantless searches must still be reasonable, as the Constitution requires, Judge José A. Cabranes wrote for the panel, adding that the government had met that standard in the case of one defendant, Wadih el-Hage, a close aide to Osama bin Laden and a naturalized American citizen who was living in Nairobi, Kenya. The government searched his home and monitored his phone conversations.

(More here.)