NCJ Number
56760
Journal
Temple Law Quarterly Volume: 51 Issue: 2 Dated: (1978) Pages: 315-328
Date Published
1978
Length
14 pages
Annotation
THE U.S. SUPREME COURT HELD THAT AN ENVELOPE ORIGINATING OUTSIDE THE U.S. AND CLASSIFIED AS INTERNATIONAL LETTER CLASS MAIL MAY BE OPENED WITHOUT A WARRANT IF CUSTOMS OFFICIALS HAVE REASONABLE CAUSE TO SUSPECT CONTRABAND.
Abstract
IN UNITED STATES V. RAMSEY (1977), SEVERAL ENVELOPES WERE MAILED FROM THAILAND TO THE WASHINGTON, D.C., AREA. THE ENVELOPES WERE OPENED IN NEW YORK BY A CUSTOMS INSPECTOR WHO FOUND THEY CONTAINED HEROIN. THEY WERE RESEALED AND DELIVERED TO THE WASHINGTON ADDRESS. POLICE IMMEDIATELY ARRESTED THE DEFENDANTS AND CHARGED THEM WITH POSSESSION OF A CONTROLLED SUBSTANCE. AT TRIAL, A MOTION TO SUPPRESS THE EVIDENCE, OBTAINED WITHOUT A SEARCH WARRANT, WAS DENIED AND THE DEFENDANTS WERE CONVICTED. THIS CONVICTION WAS OVERTURNED BY THE DISTRICT OF COLUMBIA CIRCUIT COURT, HOLDING THAT FOREIGN MAIL, LIKE DOMESTIC FIRST CLASS MAIL, IS PROTECTED BY THE FOURTH AMENDMENT RIGHT TO PRIVACY. THE U.S. SUPREME COURT REVERSED AND UPHELD THE CONVICTION, STATING THAT A CUSTOM OFFICIAL'S RIGHT TO SEARCH FOR SUSPECTED CONTRABAND HAS A HISTORY AS OLD AS THE FOURTH AMENDMENT. OTHER U.S. DISTRICT AND SUPREME COURT CASES TOUCHING ON THIS SUBJECT ARE REVIEWED; THE CASES HAVE DISALLOWED BORDER SEARCHES OF CARS WITHOUT A WARRANT BUT HAVE UPHELD SEARCHES OF INTERNATIONAL PARCELS. THE RAMSEY DECISION PUTS INTERNATIONAL CLASS LETTERS IN THE SAME CATEGORY AS PARCELS. THE 96 FOOTNOTES CONTAIN CASE CITATIONS. (GLR)