Memorandum — Sanchez v. United States

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LIBRARY, “®Y

SUPREME COURT, U. No. 73-536

In the Supreme Court of the H

OCTOBER TERM, 1973

ROBERT SANCHEZ, PETITIONER

Vv.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE NINTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES IN OPPOSITION

RoBERT H. Bork,

Solicitor General,

Department of Justice,

Washington, D.C. 20530.

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In the Supreme Court of the Hnited States

OCTOBER TERM, 1973

No. 73-536

ROBERT SANCHEZ, PETITIONER

Vv.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE NINTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES IN OPPOSITION

The sole issue presented is whether “border searches”

pursuant to 19 U.S.C. 482 (Pet. 4-5) are constitutional

under the Fourth Amendment.

After a jury-waived trial in the United States District

Court for the Southern District of California, petitioner

was convicted of importation and possession of marihuana

and heroin with intent to distribute, in violation of 21

U.S.C. 841(a)(1), 952, 960 and 963. Petitioner was sen-

tenced to five years’ imprisonment and a three year

special parole term. The court of appeals affirmed (Pet.

App.).

Petitioner drove a pick-up truck and camper into the

United States from Mexico at the San Ysidro, California,

port of entry. Petitioner, his wife and his children were

escorted into a secondary inspection area by a customs

official. The customs official became suspicious because

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an identical camper containing marihuana and heroin had

been seized that day (Tr. 15-17). The customs official

inspected the camper and discovered secret compart-

ments under the bed area of the camper and in the water

tank area (Tr. 21-22). The compartments were found to

contain 159 kilos of marihuana and 3 and 3/4 ounces of

heroin (Tr. 23-25).

Petitioner’s contention that 19 U.S.C. 482, which

authorizes “border searches” in connection with the entry

of persons, vehicles or goods into the country, violates

the Fourth Amendment is insubstantial. In Carroll v.

United States, 267 U.S. 132, 155, this Court recognized

the necessity and reasonableness of such searches, and

they have since consistently been upheld as reasonable

under the Fourth Amendment. E.g., Alexander v. United

States, 362 F. 2d 379 (C.A. 9), certiorari denied, 385

U.S. 977; Deck v. United States, 395 F. 2d 89 (C.A. 9).

The mere fact that a person crosses a border makes

reasonable a search of his baggage, his vehicle and his

personal effects. United States v. Summerfield, 421 F. 2d

684, 685 (C.A. 9).

It is therefore respectfully submitted that the petition

for a writ of certiorari should be denied.

ROBERT H. Bork,

Solicitor General.

NOVEMBER 1973.

DOs-1973-1]