Extraterritorial Apprehension by the Federal Bureau of Investigation

In the absence of an international law violation, a federal district court will not ordinarily divest itself of jurisdiction in a criminal case where the defendant’s presence has been secured by his forcible abduction from the territorial limits of a foreign asylum state.

A forcible abduction, when coupled with a protest by the asylum state, is a violation of international law; there is, however, some precedent that complicity of asylum state officials in the abduction could be the predicate for a finding of no actual violation of the asylum state’s sovereignty.

Civil liability on the part of the United States or participating government officials resulting from a fugitive’s forcible apprehension in a foreign country will depend on the status of the operation under international law; liability could be predicated on theories of constitutional or common law tort, or on a violation of international law.

The Federal Bureau of Investigation has no authority to apprehend and abduct a fugitive residing in a foreign state without the asylum state’s consent.

In the absence of asylum state consent, federal officials may be subject to extradition to the asylum state for kidnapping.