United States v. Biermann

Abstract

Jurisdiction — Executive — Search and seizure — Search of foreign vessel on the high seas — Consent of flag State obtained prior to search — Discovery of drugs — Whether search contrary to international law — Application of United States Constitution to search conducted by United States authorities on the high seas — Prescriptive jurisdiction — Presumption that statutes not intended to have extraterritorial effect — Foreign nationals on board foreign ship in international waters charged with possession of drugs under United States law — Whether United States possessing jurisdiction under international law — Protective principle of jurisdiction

Sea — High seas — Jurisdiction — Power of United States authorities to search United Kingdom vessel on high seas — 1981 Agreement between United Kingdom and United States regarding search of vessels suspected of carrying drugs — United States obtaining consent of United Kingdom prior to search

Treaties — Effect in municipal law — Whether conferring rights upon individuals — 1981 Agreement between United Kingdom and United States regarding search of vessels suspected of carrying drugs — Allegation by defendants in trial in United States that search did not comply with requirements of Agreement — Whether Agreement conferring rights upon individuals — Whether defendants possessing locus standi to challenge search for noncompliance with Agreement — The law of the United States