Brief Fact Summary. Customs officials opened, without a warrant, eight envelopes from Thailand and found heroin.
Synopsis of Rule of Law. Letters and envelopes from foreign countries are subject to search under the historical “border exception” to the Fourth Amendment.
The seizure of stolen goods is authorized by the common law; and the seizure of goods forfeited for a breach of the revenue laws, or concealed to avoid the duties payable on them, has been authorized by English statutes for at least two centuries past;† and the like seizures have been authorized by our own revenue acts from the commencement of the government.
View Full Point of LawIssue. Whether mailed letters are subject to the “border exception.”
Held. No. The court discussed the historical rationale of the border exception. “Border searches . . . have been considered to be ‘reasonable’ by the single fact that the person or item in question had entered into our country from outside.” There was no need for a warrant to open the envelopes.
Discussion. “The ‘border search’ . . . is a longstanding, historically recognized exception to the Fourth Amendment’s general principle that a warrant be obtained.”