He is believed by the United States Drug Enforcement Agency (DEA) to be one of the leaders of a large and violent organization in Mexico that smuggles narcotics into the United States. For over 200 years, our country has considered itself the world's foremost protector of liberties. When we tell the world that we expect all people, wherever they may be, to abide by our laws, we cannot in the same breath tell the world that our law enforcement officers need not do the same. . *. (1922). . Ante, at 279. ] The last of the Insular Cases cited by the majority, Downes v. Bidwell, [494 Whether evidence obtained from respondent's Mexican residences should be excluded at trial in the United States is a remedial question separate from the existence vel non of the constitutional violation. 68, 1 Stat. Rene Martin Verdugo-urquidez, Defendant-appellant, 29 F.3d 637 (9th Cir. In drafting both the Constitution and the Bill of Rights, the Framers strove to create a form of Government decidedly different from their British heritage. The 1985 murder of Agent Enrique Kiki Camarena in Mexico is one of the most notorious incidents in U.S. law enforcement history, and Juan Jos Bernab played a central role, according to U.S. authorities. Ante, at 266, 274-275. In cases involving the extraterritorial application of the Constitution, we have taken care to state whether the person claiming its protection is a citizen, see, e. g., Reid v. Covert, How can we explain to others - and to ourselves - that these long cherished ideals are suddenly of no consequence when the door being broken belongs to a foreigner? (plurality opinion) ("[I]t is our judgment that neither the cases nor their reasoning should be given any further expansion"), and they are of no analytical value when a criminal defendant seeks to invoke the Fourth Amendment in a prosecution by the Federal Government in a federal court. The global view taken by the Court of Appeals of the application of the Constitution is also contrary to this Court's decisions in the Insular Cases, which held that not every constitutional provision applies to governmental activity even where the United States has sovereign power. 354 But the Court of Appeals' global view of its applicability would plunge them into a sea of uncertainty as to what might be reasonable in the way of searches and seizures conducted abroad. U.S. 202 Although Mexican authorities captured and prosecuted the three drug lords, U.S. authorities continued to go after others who they believed were involved in the case. The privilege against self-incrimination guaranteed by the Fifth Amendment is a fundamental trial right of criminal defendants. The court found that the search was unconstitutionally general in its scope, as the agents were not limited by any precise written or oral descriptions of the type of documentary evidence sought. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be pre-existing. 403 The District Court granted his motion to suppress the evidence, concluding that the Fourth Amendment - which protects "the people" against unreasonable searches and seizures - applied to the searches, and that the DEA agents had failed to justify searching the premises without a warrant. The Insular Cases all concerned whether accused persons enjoyed the protections of certain rights in criminal prosecutions brought by territorial authorities in territorial courts. On May 22, 2017, in concurrent civil matter CV 15-9274, this Court granted a motion filed by defendant Rene Martin Verdugo-Urquidez ("defendant") pursuant to 28 U.S.C. Footnote * The search did not begin until approximately 10 p.m. the day after respondent was taken into custody. 9 . -80 (1976) ("In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens"). FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: SPEEDY TRIAL ACT . . [494 U.S. 590, 596 See Ford v. United States, JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, dissenting. and a host of other federal criminal statutes. U.S. 763 U.S. 296, 298 Verdugo-Urquidez also relies on a series of cases in which we have held that aliens enjoy certain constitutional rights. U.S. 67, 77 262 *262 Respondent Rene Martin Verdugo-Urquidez is a citizen and resident of Mexico. American agents acting abroad generally do not purport to exercise sovereign authority over the foreign nationals with whom they come in contact. For better or for worse, we live in a world of nation-states in which our Government must be able to "functio[n] effectively in the company of sovereign nations." Su error fue estar en Guadalajara en febrero de 1985, cuando fue secuestrado, torturado y ejecutado Enrique Camarena. [ Rafeedie said that could be taken as a boast and as a reference to Camarena. During the trial, Bernab admited to being a bodyguard for Fonseca but denied being involved in Camarenas murder. Army Regulation 190-53 2-2(b) (1986). Raul Lopez Alvarez, 29, a former Mexican state police officer who was also convicted of participating in the two slayings, is to be sentenced Friday. 11. U.S. 298 Print length. .". [494 ] The United States Government has already recognized the importance of these constitutional requirements by adopting a warrant requirement for certain foreign searches. These traffickers have accumulated massive wealth. As Amended on Denial of Rehearing and Rejection ofSuggestion for Rehearing En Banc Aug. 5, 1994 See also An Act Further to Suspend the Commercial Intercourse Between the United States and France, ch. Americans vehemently attacked the notion that rights were matters of "`favor and grace,'" given to the people from the Government. ] The Fourth Amendment contains no express or implied territorial limitations, and the majority does not hold that the Fourth Amendment is inapplicable to searches outside the United States and its territories. It states that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . 435 LA JOYA, TEXAS -- One of the bodyguards from the 1988 trial, Ren Verdugo Urqudez, was released in 2019, after winning his motion to throw out the sentence because of Malone's disputed testimony. See n. 7, supra. Camarena was investigating theGuadalajara Cartel along with the help of Alfredo Zavala, a pilot who would fly over drug fields. (1984). Hall. 101a. Even assuming such aliens would be entitled to Fourth Amendment protections, their situation is and Supp. Their petition gained momentum in 2014. ] None of the cases cited by the majority, ante, at 271, requires an alien's connections to the United States to be "voluntary" before the alien can claim the benefits of the Constitution. our antitrust laws, JUSTICE KENNEDY rejects application of the Warrant Clause not because of the identity of the individual seeking protection, but because of the location of the search. Authorities believe that Camarena was abducted and killed because drug enforcement activities he took part in were disrupting the flow of narcotics from Mexico and costing drug traffickers billions of dollars. [ In Johnson v. Eisentrager, U.S. 259, 269] (1989). Any request for a judicial warrant must be supported by sufficient facts to meet the probable-cause standard applied to interceptions of wire or oral communications in the United States, 18 U.S.C. (1983) (quoting Bivens, supra, at 396), but the Government would still be faced with case-by-case adjudications concerning the availability of such an action. U.S. 1 Indeed, the Court of Appeals held that absent exigent circumstances, United States agents could not effect a "search or seizure" for law enforcement purposes in a foreign country without first obtaining a warrant - which would be a dead letter outside the United States - from a magistrate in this country. (holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens), it is not a sensible requirement when our Government chooses to impose our criminal laws on others. BLACKMUN, J., filed a dissenting opinion, post, p. 297. [494 Justice Stevens also authored a concurring opinion, contending that the Fourth Amendment and its accompanying prohibition against unreasonable searches and seizures does apply in such cases, but concluding that this search and seizure was reasonable because it was done with the permission and assistance of the government of Mexico and because no U.S. court would have had the authority to issue a warrant for such a search. 2 I cannot agree with JUSTICE BLACKMUN and JUSTICE STEVENS that the Warrant Clause has no application to searches Many disputed the original view that the Federal Government possessed only narrow delegated powers over domestic affairs, however, and ultimately felt an Amendment prohibiting unreasonable searches and seizures was necessary. 2, p. 571, n. 129, 574, n. 134 (1974). Despite the dispute over whether he had been kidnapped or voluntarily handed over, the District . They are constitutional decisions of this Court expressly according differing protection to aliens than to citizens, based on our conclusion that the particular provisions in question were not intended to extend to aliens in the same degree as to citizens. 444 234 [494 The colonists considered the British Government dangerously omnipotent. See United States v. Verdugo-Urquidez, No. On May 22, 2017, in concurrent civil matters CV 15-09274-JAK and CV 16-2596-JAK, this Court granted motions filed by defendants Rene Martin Verdugo-Urquidez and Juan Ramon Matta-Ballesteros ("Defendants") pursuant to 28 U.S.C . Thus, even if I agreed with JUSTICE STEVENS that the Warrant Clause did not apply in this case, I would remand to the Court of Appeals for consideration of whether the search was unreasonable. U.S. 1 The Warrant Clause would serve the same primary functions abroad as it does domestically, and I see no reason to distinguish between foreign and domestic searches. 182 U.S. 1 A California law says yes. The Framers originally decided not to include a provision like the Fourth Amendment, because they believed the National Government lacked power to conduct searches and seizures. U.S. 288, 347 One of the bodyguards from the 1988 trial, Ren Verdugo Urqudez, was released in 2019, after winning his motion to throw out the sentence because of Malone's disputed testimony. It cited this Court's decision in Reid v. Covert, The majority suggests a restrictive interpretation of those with "sufficient connection" to this country to be considered among "the people," but the term "the people" is better understood as a rhetorical counterpoint to "the Government," such that rights that were reserved to "the people" were to protect all those subject to "the Government." Both men worked for kingpin Rafael Caro-Quintero;Matta-Ballesteros supervised and managed the cartel and Verdugo-Urquidez served as a high-level lieutenant. Grundman, The New Imperialism: The Extraterritorial Application of United States Law, 14 Int'l Law. The available historical data show, therefore, that the purpose of the Fourth Amendment was to protect the people of the United States against arbitrary action by their own Government; it was never suggested that the provision was intended to restrain the actions of the Federal Government against aliens outside of the United States territory. U.S. 877 "The people" are "the governed.". (1903) (provisions on indictment by grand jury and jury trial inapplicable in Hawaii); Downes v. Bidwell, 354 . As a plurality of the Court noted in Reid v. Covert, Moreover, as our Nation becomes increasingly concerned about the domestic effects of international crime, we cannot forget that the behavior of our law enforcement agents abroad sends a powerful message about the rule of law to individuals everywhere.
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