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"Intelligence" Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering.
- 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.
- Subjects :
- *CONSTITUTIONAL amendments
*CRIMINAL investigation
*SEARCHES & seizures (Law)
*ELECTRONIC surveillance
*RECONNAISSANCE operations
*CRIMINAL procedure
*JUSTICE administration
UNITED States. Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or the FISA Amendments Act of 2008
Subjects
Details
- Language :
- English
- ISSN :
- 02722410
- Volume :
- 30
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Pace Law Review
- Publication Type :
- Academic Journal
- Accession number :
- 60797253