THE ROAD NOT TAKEN - THE EXTRATERRITORIAL APPLICATION OF THE 4TH-AMENDMENT RECONSIDERED

This Note considers the constitutional limits upon the power of Americ an law enforcement to act in foreign countries. After schematizing and evaluating the various approaches to the issues which are presented i n U.S. v. Verdugo Urquidez, 494 U.S. 259 (1990), the author concludes that Justice Kennedy's concurring opinion offers the best alternative for balancing claims of individual rights for those subject to extrate rritorial law enforcement against the demands of national security. Th e author defends Justice Kennedy's approach against criticism that it is too easily manipulated by demonstrating and developing the connecti ons between Justice Kennedy's approach and Justice Harlan's older 'fun damental fairness'' approach to the Fourteenth Amendment. By linking J ustice Kennedy's approach to its doctrinal predecessor, the author sho ws how the Kennedy concurrence creates an administrable standard for d efining the extraterritorial limits of constitutional rights.