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Alan Mygatt-Tauber on the Extraterritorial Fourth Amendment

Season 1, Ep. 465

In this episode, Alan Mygatt-Tauber, Adjunct Professor at Virginia Commonwealth University and Assistant Counsel at the Naval Facilities Engineering Command, Northwest, discusses his article "Rethinking the Reasoning of Verdugo-Urquidez," which will be published in the Indiana Journal of Law and Social Equality. Mygatt-Tauber begins by describing the Supreme Court's holding in United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) that the Fourth Amendment applies extraterritorially only if the defendant has a "substantial connection" to the United States. He observes that Verdugo-Urquidez is inconsistent with Boumediene v. Bush, 553 U.S. 723 (2008), and that the "substantial connection" rule is unworkable for both judges and law enforcement officers. He argues in favor of an alternative standard based on who is conducting the search, rather than who is being searched. And he reflects on the broader meaning of the Fourth Amendment. Mygatt-Tauber is on Twitter at @AMTAppeals.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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