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Surreptitious Entries Black Bag Jobs — Part 27

75 pages · May 11, 2026 · Document date: Aug 26, 1975 · Broad topic: General · Topic: Surreptitious Entries Black Bag Jobs · 75 pages OCR'd
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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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