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NCJRS Abstract

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NCJ Number: 134983 Find in a Library
Title: Transnational Crime: A Global Approach
Journal: FBI Law Enforcement Bulletin  Volume:61  Issue:3  Dated:(March 1992)  Pages:26-32
Author(s): A A Andersen
Date Published: 1992
Page Count: 7
Sponsoring Agency: National Institute of Justice/
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Sale Source: National Institute of Justice/
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United States of America
Document: PDF
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article provides an overview of recent changes in the caselaw, statutes, and treaties of the United States that affect the global approach to transnational crime, notably international drug trafficking.
Abstract: Relevant developments include increased attention by the U.S. judicial system to the application of constitutional standards to evidence from foreign sources; the passage of statutes that provide U.S. courts with jurisdiction to try crimes that occur beyond U.S. boundaries; and treaties that clarify the ability of some police agencies to assist their foreign counterparts in investigations, searches, and seizures. U.S. courts have ruled that the fourth amendment is not implicated during searches and seizures by foreign officers who act independently with respect to U.S. citizens or foreign nationals. However, when U.S. authorities are invited to participate in searches and seizures abroad, the fourth amendment will apply to U.S. citizens, but not to foreign nationals. In addition, the courts are likely to refuse to admit statements that were involuntarily made, whether by a U.S. citizen or foreign national. A wide range of statutes now provide U.S. courts with jurisdiction over illegal activities that occur outside U.S. borders and territories. U.S. courts can try these cases, however, only when there is personal jurisdiction over the defendant, i.e., when the defendant is physically present in the courtroom. In the event the defendant must be brought from another country to be tried in the United States, the international law enforcement community must seek mutually acceptable means for securing the rendition of the defendant to the forum of prosecution. 42 footnotes
Main Term(s): International drug law enforcement
Index Term(s): Extraterritorial jurisdiction; International cooperation; International extradition
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