After law enforcement has illegally seized a person from his home —without a warrant or a recognized exception to the Warrant Clause —and consequently, met all of the pleading elements of the state 's kidnapping statute:

1. May law enforcement use judicial acts and processes to further their illegal seizure of a person without furthering their own illegal conduct?

2. Do courts possess subject matter jurisdiction over the acts and processes so used, in particular, ex post facto acts and processes?

3. May courts pass on an explicit challenge their subject matter jurisdiction to act?

Whether law enforcement can use judicial acts to further an illegal seizure and whether courts possess subject matter jurisdiction over such acts