2nd Circ. Refuses To Expand Foreign Wiretap Protections

Law360, New York (June 7, 2013, 1:18 PM EDT) -- The Second Circuit on Friday made it more difficult for American citizens to use the Fourth Amendment to challenge wiretaps carried out by foreign governments and provided to U.S. authorities under international cooperation agreements.

In a 14-page ruling, a three-judge panel declined to broaden the Fourth Amendment’s “exclusionary rule,” which states that evidence seized in violation of the Fourth Amendment must be suppressed. The exclusionary rule generally does not apply to evidence obtained through searches abroad that are conducted by foreign officials.

In 1992, the Second...
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