WARRANT PROTECTION FOR INCOMING INTERNATIONAL LETTERS UNITED STATES V RAMSEY

• NCJ Number: 42654
• Journal: Connecticut Law Review Volume: 9 Issue: 2 Dated: (WINTER 1977) Pages: 311-325
• Author(s): C SALTEN; A P SPINELLA
• Date Published: 1977
• Length: 15 pages
• Corporate Author: University of Connecticut Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IT IS CONSIDERED THAT THE 'RAMSEY' DECISION IMPOSES TOO HEAVY A BURDEN ON THE ADMINISTRATION OF CUSTOM LAWS AND INTRODUCES A STANDARD TOO DEPENDENT ON VARIABLE FACT SITUATIONS. AN ALTERNATIVE IS PROPOSED.

Abstract

PROCEEDING WITHOUT A WARRANT, A CUSTOMS OFFICIAL OPENED EIGHT LETTERS CONTAINING HEROIN, SUBSEQUENTLY USED AS EVIDENCE IN THE CONVICTION OF CHARLES RAMSEY FOR THE UNLAWFUL IMPORTATION OF HEROIN. THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA CIRCUIT REVERSED, HOLDING THAT THE OPENING OF THESE LETTERS WITHOUT A WARRANT VIOLATED THE FOURTH AMENDMENT, THUS INVALIDATING THE USE OF THEIR CONTENTS AS EVIDENCE. AFTER REVIEWING THE CASES DEALING WITH THE AREA BEING CONSIDERED, THE AUTHOR RECOUNTS THE WEAKNESSES OF THE 'RAMSEY' DECISION AS FOLLOWS: IT IS DIFFICULT WITHIN EXISTING POSTAL REGULATIONS TO SHOW THE PROBABLE CAUSE NECESSARY TO SUPPORT A WARRANT; THERE IS AN ABSENCE OF A CLEAR TEST FOR DISTINGUISHING LETTTERS FROM PACKAGES; AND THE LACK OF A CLEAR DEMARCATION BETWEEN LETTERS AND PACKAGES WILL CAUSE NEEDLESS LITIGATION ON THE PART OF DEFENDANTS SEEKING TO OVERTURN OTHERWISE VALID CONVICTIONS. AN ALTERNATIVE METHOD IS PROPOSED BY THE AUTHOR, WHICH WOULD PRESERVE FOURTH AMENDMENT RIGHTS IN THE AREA OF PRIVATE CORRESPONDENCE, WHILE PROVIDING FOR CLEAR GUIDELINES IN THE ISSUING OF SEARCH WARRANTS. UNDER HIS APPROACH THE SENDER WOULD MAKE THE INITIAL DETERMINATION, SUBJECT TO CHALLENGE BY CUSTOMS OFFICIALS, THAT A PIECE OF MAIL IS NOT TO BE OPENED FOR CUSTOMS INSPECTION. THIS COULD BE DONE BY LABELING THE PACKAGE 'WRITTEN MATERIAL ONLY'. ANY MAIL WITHIN THE LETTER CLASS CARRYING SUCH A LABEL COULD NOT BE SEARCHED WITHOUT A WARRANT. MAIL OUTSIDE THE CLASSIFICATION COULD BE OPENED FREELY. SHOULD EXTERNAL EXAMINATION OF LABELED MAIL REVEAL ANY OBJECT OTHER THAN WRITTEN MATERIAL ALONE, THERE WOULD BE GOOD REASON TO BELIEVE THAT A CUSTOMS SEARCH WAS BEING INTENTIONALLY AVOIDED, AND HENCE THERE WOULD BE PROBABLE CAUSE TO BELIEVE AN ILLEGAL OBJECT WAS PRESENT....RCB