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"Intelligence" Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering.

Authors :
Power, Robert C.
Source :
Pace Law Review. Dec2009, Vol. 30 Issue 2, preceding p620-687. 69p.
Publication Year :
2009

Abstract

The article focuses on the role of Fourth Amendment and Foreign Intelligence Surveillance Act (FISA) in the application of home searches and electronic surveillance by the U.S. government. It states that the government, when conducting criminal investigations, such as taking home searches and using electronic surveillance, for the purpose of intelligence gathering, may commit a serious error in terms of the Fourth Amendment, which emphasizes privacy. FISA incorporates warrantless searches which may lack criminal probable cause requirement and are exceptionally lengthy.

Details

Language :
English
ISSN :
02722410
Volume :
30
Issue :
2
Database :
Academic Search Index
Journal :
Pace Law Review
Publication Type :
Academic Journal
Accession number :
60797253