United States v. Verdugo-Urquidez
Encyclopedia
United States v. Verdugo-Urquidez, 494 U.S. 259
(1990), was a United States Supreme Court
decision that determined that Fourth Amendment protections do not apply to searches and seizures by United States
agents of property owned by a nonresident alien in a foreign country.
citizen reputed to be a drug-lord involved in the torture
and murder
of DEA agent Enrique Camarena Salazar, was arrested and brought to the United States
. The DEA decided that it would be a good idea to search the defendant
's home, so agents received authorization from the Mexican government to conduct the search. The agents found documents believed to be the defendant's records of his marijuana
shipments.
When the government sought to introduce the documents as evidence
in court
, the defendant objected, asserting that they were obtained without a warrant
, and therefore could not constitutionally be used at trial
. The United States District Court
agreed, and invoked the exclusionary rule
to suppress the documents (i.e. to prevent them from being used as evidence). The government appealed this ruling, which was affirmed by the Court of Appeals for the Ninth Circuit. The government then appealed to the Supreme Court.
, Scalia, Kennedy and O'Connor
, contending that "the people" intended to be protected by the Fourth Amendment were the people of the United States, and that the defendant's "legal but involuntary presence" on U.S. soil (a direct result of his arrest) failed to create a sufficient relationship with the U.S. to allow him to call upon the Constitution for protection.
Justice Kennedy also authored a concurring opinion, contending that the application of the Fourth Amendment in cases such as this would interfere with the ability of the U.S. to engage in actions designed to protect our interests abroad.
Justice Stevens also authored a concurring opinion, contending that the 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.
dissented, joined by Justice Marshall
, contending that the Fourth Amendment was indeed intended by the framers to apply to any action undertaken by the federal government. They contended that the Constitution grants the government limited powers, and the application of rights is one such limitation. Therefore, no agent of the federal government could ever conduct a search that was not governed by the Fourth Amendment.
Justice Blackmun also dissented, contending that when a foreign national is charged with a violation of U.S. criminal law, he is being treated as one of the governed.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that determined that Fourth Amendment protections do not apply to searches and seizures by United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
agents of property owned by a nonresident alien in a foreign country.
Facts
Rene Martin Verdugo-Urquidez, a MexicanMexican people
Mexican people refers to all persons from Mexico, a multiethnic country in North America, and/or who identify with the Mexican cultural and/or national identity....
citizen reputed to be a drug-lord involved in the torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of DEA agent Enrique Camarena Salazar, was arrested and brought to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The DEA decided that it would be a good idea to search the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's home, so agents received authorization from the Mexican government to conduct the search. The agents found documents believed to be the defendant's records of his marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
shipments.
When the government sought to introduce the documents as evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, the defendant objected, asserting that they were obtained without a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
, and therefore could not constitutionally be used at trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
. The United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
agreed, and invoked the exclusionary rule
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
to suppress the documents (i.e. to prevent them from being used as evidence). The government appealed this ruling, which was affirmed by the Court of Appeals for the Ninth Circuit. The government then appealed to the Supreme Court.
Issue
The Supreme Court had to determine whether the Fourth Amendment's prohibition against unreasonable searches and seizures applied where United States agents searched and seized property owned by a nonresident alien in a foreign country.Result
Chief Justice Rehnquist authored the Opinion for the Court, joined by Justices WhiteByron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, Scalia, Kennedy and O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, contending that "the people" intended to be protected by the Fourth Amendment were the people of the United States, and that the defendant's "legal but involuntary presence" on U.S. soil (a direct result of his arrest) failed to create a sufficient relationship with the U.S. to allow him to call upon the Constitution for protection.
Justice Kennedy also authored a concurring opinion, contending that the application of the Fourth Amendment in cases such as this would interfere with the ability of the U.S. to engage in actions designed to protect our interests abroad.
Justice Stevens also authored a concurring opinion, contending that the 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.
Dissents
Justice BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
dissented, joined by Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, contending that the Fourth Amendment was indeed intended by the framers to apply to any action undertaken by the federal government. They contended that the Constitution grants the government limited powers, and the application of rights is one such limitation. Therefore, no agent of the federal government could ever conduct a search that was not governed by the Fourth Amendment.
Justice Blackmun also dissented, contending that when a foreign national is charged with a violation of U.S. criminal law, he is being treated as one of the governed.
See also
- List of United States Supreme Court cases, volume 494
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- Rafael Caro QuinteroRafael Caro QuinteroRafael Caro Quintero is an incarcerated Mexican drug lord born in La Noria, Badiraguato, Sinaloa. Quintero was a co-founder, with Miguel Ángel Félix Gallardo, of the Guadalajara Cartel and Sonora Cartel. Upon of the cartels' disintegration, its leaders were incorporated mostly into the Tijuana...
- Miguel Caro QuinteroMiguel Caro QuinteroMiguel Angel Caro Quintero was born in La Noria, Badiraguato Sinaloa, Mexico, in 1963. Caro Quintero is believed to have been one of the leaders of the now extinct Sonora Cartel.-Sonora Cartel:...