The idea that all persons have
a right to privacy and freedom from arbitrary government searches
exists not only in the Fourth Amendment to the U.S. Constitution
but in the constitutional documents of many nations. Unfortunately,
many nations also share the U.S. government’s belief that the
peaceful sale and consumption of certain types of narcotics are
crimes punishable by imprisonment. This inherent conflict between
the drug war and the right to privacy is on display in a pair of
recent cases where foreign appeals courts have been called upon to
address the proposed extradition of accused drug traffickers to the
United States. As S.M. Oliva explains, the common thread in both
cases is the extent of domestic constitutional protections against
wiretaps used to provide evidence to American prosecutors.
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