§ 3.1.10 Foreign Searches & Searches of Non-Citizens
“The Fourth Amendment does not apply to . . . foreign searches made by foreign officials even if the persons arrested or from whom the evidence is seized are American citizens.” State v. Nieuwenhuis, 146 Ariz. 477, 706 P.2d 1244 (App. 1985) (Div. 2) (Canadian police conducting wiretap in Canada of Tucson defendant). Nor does the Fourth Amendment apply to the search and seizure by American agents of property that is owned by a nonresident alien and located in a foreign country. United States v. Verdugo-Uriquidez, 494 U.S. 259 (1990). However, the Fourth Amendment does apply to searches by American law enforcement of American citizens in foreign countries, if the person has standing to make the claim. United States v. Juda, 46 F.3d 961, 968 (9th Cir. 1995) (“We agree . . . that the Fourth...
