The USMS observing defendant’s arrest in the Dominican Republic wasn’t enough to make the actions of the arresting officers agents of the United States. United States v. Acevedo-Martinez, 2020 U.S. Dist. LEXIS 87958 (D. P.R. May 18, 2020):
The relevant factual findings demonstrate that there was, in fact, cooperation between the Federal Government and the Dominican authorities in order to capture Codefendant in the Dominican Republic; however, the sharing of information between the sovereigns and the limited participation of the Federal agents during the arrest, search and escort of Codefendant in the Dominican Republic do not support a “significant American involvement” that would warrant the application of the joint venture doctrine. Furthermore, the evidence also showed that the Dominican authorities made independent decisions as to how and “the when” of the arrest, the search and escorts where to be performed and even decided that some seized items were to be furnished to the Federal agents. Consequently, although working to assist the Federal Government, the Dominican authorities’ independence as to the decision making in all aspects of this operation cannot turn them into mere “agents” of the Federal Government in order to activate the joint venture doctrine.