Last month, Judge Ken Karas of the Southern District of New York handed down a very interesting Fourth Amendment decision, United States v. Vilar (link to an edited version).
Vilar addresses two questions that are becoming increasingly important in Fourth Amendment law: the rules for applying the Fourth Amendment overseas, and the rules for searching and seizing computers. Although I haven’t checked on Westlaw, I think Vilar may be the first opinion to apply the Fourth Amendment to compliance with Mutual Legal Assistance Treaties. It’s also an unusually comprehensive and scholarly opinion, albeit one that cites certain law review articles. Anyway, definitely check it out if you’re interested in these areas. (The computer-reated materials are on pages 17-21, and the materials on the Fourth Amendment abroad are on pages 21-34.)
A particularly interesting aspect of Vilar is that it has an extensive discussion of United States v. bin Laden, 126 F.Supp.2d 264 (S.D.N.Y. 2000), a case involving the 1998 bombings of U.S. embassies in Kenya and Tanzania that has become a impoortant precedent on applying the Fourth Amendment overseas. Who was on the prosecution team in bin Laden? Ken Karas.