Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-26T06:17:49.282Z Has data issue: false hasContentIssue false

R. v. Hape [2007] S.C.C. 26 Supreme Court of Canada

Published online by Cambridge University Press:  27 February 2017

David P. Stewart*
Affiliation:
Office of the Legal Adviser, U.S. Department of State Georgetown University Law Center Johns Hopkins University School of Advanced International Studies

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial and Similar Proceedings
Copyright
Copyright © American Society of International Law 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

This text was reproduced and reformatted from the text appearing at the website of the Supreme Court of Canada <http://scc.lexum.umontreal.ca/en/2007/2007scc26/2007scc26.html> (visited July 23, 2007).

References

1 The views expressed herein are those of the author and not any institution with which he is affiliated.

2 See, for example, Reid v. Covert, 354 U.S. 1 (1957); United States v. Behety, 32 R3d 503 (11th Cir. 1994); United States v. Barona, 56 F.3d 1087 (9th Cir. 1995). Generally, the requirements of the Fourth Amendment do not apply to foreign searches by foreign officials. In circumstances comparable to those in Hape, however, a U.S. court might conclude that the TCI authorities were acting as “agents” of U.S. authorities, conducting the searches and seizures solely in the investigative interests of U.S. law enforcement, and their actions might thus be subject to the Fourth Amendment. Cf. United States v. Maturo, 982 F.2d 57 (2nd Cir. 1992).

* This text was reproduced and reformatted from the text appearing at the website of the Supreme Court of Canada <http://scc.lexum.umontreal.ca/en/2007/2007scc26/2007scc26.html> (visited July 23, 2007).