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D.P.R.: Seizure of unmarked, unflagged boat in international waters was not subject to Fourth Amendment

By John Wesley Hall, Jr.

Seizure of a “go-fast” boat in international waters without markings, flags, or registry papers is not subject to the Fourth Amendment. United States v. Nueci-Pena, 2008 U.S. Dist. LEXIS 112345 (D. P.R. February 20, 2008): Second, even if the treaty applies to this case, a defendant charged under MLEA "does not have standing to raise a claim of failure to comply with international law as a basis for a defense," and such a failure "does not divest a court of jurisdiction." 46 U.S.C. § 70505. Moreover, to the extent that defendants suggest the seizure of the vessel was unreasonable in violation of the Fourth Amendment, that argument must fail, since "it is pellucid that the Fourth Amendment does not apply to the search of non-resident aliens on a ship in international waters...continue to full post

Full post as published by Fourth Amendment on March 04, 2010 (boomark / email).