Reading Room Document

Fourth Amendment implications of use of FBI agents and assets in foreign intelligence and counterintelligence cases

This document discusses the Fourth Amendment implications of using FBI agents and assets in foreign intelligence and counterintelligence cases. It concludes that there is inherent presidential authority to conduct certain searches and seizures in these cases, and that the Attorney General may also have the authority to authorize such actions. The document presents questions about the extent of presidential authority, the delegation of authority to the Attorney General, and the application of traditional criminal standards to search and seizure in foreign intelligence and counterintelligence cases. It also recommends developing guidelines for the use of counterintelligence assets.

September 14, 1976