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Surreptitious Entries Black Bag Jobs — Part 27
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In United Sates v. Hoffmanthe Court fou. #hat while there
ee . 7 : Pp
is no express constitutional provision authoyizing the President to
conduct warrantless surveillances, sach‘authorization impliedly
exists where the search is necessary in‘the conduet of foreigh affairs,
"We may then ask whether the Prasident has the authority to
authorize a warrantless physical entry directed against foreign powers,
In United States v. Ehylichman,a criminal prosecution for conspiring to vic
_ Title 18, United States Code, Section 241 ; and thus injure a citizen in the
‘enjoyment of Fourth Amendment rights, ‘the Special Prosecutor asserted
that the President, acting through the Attorney General, does not have the
authority to authorize a warrantless, physical entry in the foreign area.
- The Court agreed, It reasoned that the President does not have the
authority to suspend the requirement of the Fourth Amendment and stated
AL. wat brocl pecaute wen oT
that the Government must comply with sirict-constitutional-limitations-on,
28 “
tmespa sso searches even when known foreign agents are involved.
But these comments, while they should be given consideration,
do not declare a conclusion of law reached by the court as to the legal
effect of the facts revealed, They are dictum, the opinions of one
judge. In fact, no court has held that thie President may not authorize.” .
~
*
a surreptitious entry directed against foreign powers, Thus, it can be
argued that the question is an open one,
~J.
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