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32. The court should
The kidnapped person and the woman were both indicted for narcotics violations. Both moved to dismiss the indictment on the ground that their arrests violated the Fourth Amendment.
FBI agents, without a warrant and without permission of Mexican law enforcement or judicial officers, entered Mexico, kidnapped an American citizen wanted in the United States for drug smuggling violations, and forcibly drove him back to Texas. Thereafter, the agents, again without a warrant, broke into the Texas home of a woman wanted as a confederate of the kidnapped person, and arrested her.
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An unlawful arrest is not an adequate reason to dismiss an indictment or subsequent criminal prosecution. Therefore, if the police improperly arrest a person, that violation is not a defense against the charged offense.
D is correct. The fact that FBI agents had no warrant and no consent for the arrests of the kidnapped person or the woman may indeed constitute a violation of their Fourth Amendment rights. However, this question is testing the proper remedy for an invalid arrest. Although any evidence collected as a fruit of an unlawful arrest may be inadmissible at trial, dismissing the indictment would be an improper remedy. As such, both motions should be denied.
A is incorrect. The arrests of both the kidnapped person and the woman may be invalid under their Fourth Amendment protections. However, the issue is whether the proper remedy for the unlawful arrests is a dismissal of the indictment, which relates to the criminal prosecution as a whole. Because an unlawful arrest by itself has no bearing on a subsequent criminal prosecution, neither motion to dismiss should be granted.
B is incorrect. The arrest of the kidnapped person taking place in Mexico is a distraction from the issue presented by this question. Even though the FBI agents arrested the kidnapped person without permission from the Mexican government, that does not impact the subsequent criminal prosecution, and dismissing the indictment would be an improper remedy.
C is incorrect. The fact that the woman was arrested as a result of a potentially unlawful break-in to her home does not constitute a basis for dismissing the indictment. As explained above, the proper remedy for an invalid arrest is not dismissal of the indictment.