Federal 7th Circuit Court
Criminal Court
Extradition
In prosecution on charge of traveling in foreign commerce for purpose of engaging in sex act with minor, prosecutors did not violate Rule of Specialty by prosecuting defendant on instant charge, even though govt. sought defendant’s extradition on different charge, to which Thailand had granted extradition. Thailand’s foreign ministry had waived Rule of Specialty, which in turn allowed prosecution of instant charge. With respect to defendant’s claim that search of ICE agents of defendant’s home in Thailand violated his 4th Amendment rights, Ct. found that 4th Amendment’s warrant requirement and Warrant Clause did not apply to searches outside U.S. Moreover, instant search was reasonable where search was conducted pursuant to valid Thai warrant and took place in defendant’s presence while defendant was not under restraint.