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9th Circuit: WARRANTLESS SEARCH IS OKAY FOR FOREIGN MAIL

Warrantless search of a suspicious package with an international postmark delivered to a U residence constitutes a legal border search, the 9th Circuit Court of Appeals held.

Andrew Sahanaja was not at dwelling to accept delivery of a package addressed to "Harry Fox" at the defendant's address in Duarte, Calif.

The alphabetic character carrier felt nauseated and believed the package contained a liquid, plane though it was labeled as containing videos.

The Postal Service reported the incident to the U Bureau of Immigration and Customs Enforcement (ICE) whose agents rest two onegallon plastic containers labeled "hair tonic," on the other hand in fact, contained GHB, gamma-hydroxybutyrate.

Sahanaja could not claim the package because he was not able to provide the ID of "Fox" When he askinged re-delivery, ICE agents went to Sahanaja's residence with a controll delivery and leadershiped a search. They discovered about three kilos of GHB as well as large quantities of potassium hydroxide, a substance used to create GHB



The appeals court analyzed the facts here: 1) the discrepancy between he label upon the package and what the postal carrier could discern about its satisfieds from handling it; 2) the odor coming from the package; 3) the fact that race who handled the package became nauseated; 4) family who were not the addressee and who could not bring forward ID from the addressee, there was reasonable cause to suspect that the package contained merchandise that was imported contrary to law; and 5) it was evident that the contraband ground in the package at the time of the search was in the package at the time the package go intoed the United States.

Based upon the totality of circumstances, the appeals court lay the foundation of the search of the package to be a valid border search, because it was supported by dint of reasonable suspicion of criminal activity.

Inf.: U v Sahanaja, 04-50504 9th Circ., Dec 8 The circuit consists of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

Copyright Washington Crime of recent origins Service Dec 9, 2005

Provided through ProQuest Information and Learning Company. All rights Reserved



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