Commonwealth v. Williams

63 Pa. D. & C.2d 159, 1973 Pa. Dist. & Cnty. Dec. LEXIS 308
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedNovember 9, 1973
Docketno. 638 of 1973
StatusPublished

This text of 63 Pa. D. & C.2d 159 (Commonwealth v. Williams) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Williams, 63 Pa. D. & C.2d 159, 1973 Pa. Dist. & Cnty. Dec. LEXIS 308 (Pa. Super. Ct. 1973).

Opinion

GARB, J.,

Pursuant to defendant’s motion to suppress certain evidence secured as the result of a search of her premises, a hearing was held under and pursuant to the provisions of Pennsylvania Rule of Criminal Procedure 323 and, as a result thereof, we make the following

FINDINGS OF FACT

1. On or about January 22, 1973, one Adam Adashefski was a United States Customs mail specialist employed at the mail branch of the United States Mail Customs at 201 Varick Street, New York, N.Y.

2. At the aforesaid time, it was Adashefski’s responsibility to open parcels and mail received in the United States from foreign countries for delivery to addressees in the United States to determine customs duty, discover contraband, and determine compliance with customs regulations.

[160]*1603. At all relevant times it was Adashefski’s procedure, as per his instructions from the Customs Bureau, not to open any envelope obviously containing only a letter but to open parcels or envelopes obviously containing merchandise on a selective basis, however, opening almost all merchandise-bearing parcels coming from certain specified areas of the world including all of South America, the Far East, Germany, England and approximately 14 or 15 other selected countries.

4. On or about January 22, 1973, a certain envelope addressed to defendant herein at her residence in Solebury Township, Bucks County, Pa., with a return address from an individual in Colombia, South America, was received by Mr. Adashefski in his office.

5. The aforesaid letter was sealed and had affixed to it the appropriate postage for first class mail, but upon external examination by Adashefski, it was apparent that it contained some substance or item of merchandise other than a letter because of its bulk, thickness and feel.

6. As a result of the foregoing external examination, Adashefski opened the envelope and discovered therein a letter as well as a makeshift envelope containing a certain white powdery substance.

7. Having discovered the contents of the envelope, Adashefski did retain it and its contents and caused the white powdery substance to be analyzed and, as a result of the analysis, determined that it was cocaine.

8. The entire contents of the envelope were thereupon replaced in the envelope and the envelope sealed and it was forwarded for delivery to defendant at her residence in this county.

9. Upon its being forwarded for delivery by the [161]*161postal authorities, the Pennsylvania State Police were likewise notified of the contents of this parcel together with the fact that it was to be delivered under controlled conditions at a particular time.

10. At the time fixed for delivery, various police officers had defendant’s home under surveillance and they observed as the postal authorities placed the mailed parcel in question in defendant’s mailbox to the front of her residence.

11. The police officers observed as defendant exited from her residence and approached the mailbox, removing therefrom the mail parcel in question and returned with it to her home.

12. Immediately thereafter, the police officers knocked on the front door of defendant’s residence which was opened by defendant, and informed her that they were police officers and placed her under arrest.

13. The police officers asked defendant where the mail parcel she had just received was, to which defendant replied that it was on the second floor of her residence and in her bedroom.

14. Thereupon one of the police officers proceeded to the office of a District Justice of the Peace, and, upon giving a sworn affidavit containing the information enumerated in the foregoing findings of fact, a search warrant was issued.

15. The search warrant was thereupon executed at the residence of defendant and as a result of a search of her bedroom, the envelope and letter, together with the makeshift envelope contained therein, were found as well as a small pile of white powder upon a night stand in her bedroom. Additionally, certain correspondence was likewise seized together with a small quantity of marijuana.

[162]*162DISCUSSION

It should be clear from the foregoing findings of fact that the central question before us is the constitutionality of the opening of this mail parcel by the customs officials in New York. It is abundantly clear that the probable cause, based upon which the search warrant was issued, derived almost entirely from the contents of this mail parcel discovered as a result of its having been opened in the customs office in New York. Thus, simply stated, in order for this search to avoid the taint of the fruit of the poisoned tree as enunciated in Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963), or of the silver platter doctrine as enunciated in Elkins v. United States, 364 U.S. 206, 80 S. Ct. 1437, 4 L. Ed. 2d 1669 (1960), it must be shown that the opening and examining of the contents of this particular mail parcel in the customs office in New York was done under conditions so as to pass constitutional muster.

We are satisfied that there is no authority in Pennsylvania which dictates the result of the question before us. If the mail parcel in question had been one of domestic mail, then Commonwealth v. Dembo, 451 Pa. 1 (1973), would determine the result. However, this mail parcel, being one in international commerce entering the United States, the constitutional questions are decidedly different. Since the oft-cited dictum of Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543 (1925), it is universally accepted that customs-type searches are in a different category than other or domestic searches and that the standard of reasonableness as enunciated in the Fourth Amendment to the United States Constitution has a different connotation. It was held in Henderson v. United States, 390 F. 2d 805 (9th Cir., 1967), that border searches are unique and the mere fact that a person is crossing a [163]*163border is sufficient cause for a search of his person and effects. Even mere suspicion is not required. Border searches can be conducted without probable cause, but they must be conducted reasonably. See also United States v. McDaniel, 463 F. 2d 129 (5th Cir., 1972).

In United States v. Doe, 472 F. 2d 982 (2d Cir., 1973), it was held that it is constitutional to conduct a border search without a warrant and without probable cause and upon mere suspicion only. However, the Fourth Amendment does apply to border searches and requires that they be reasonable. Under the aforesaid dogma, it was held in United States v. Doe, supra, that there is at least some authority for applying the standards of border searches to mail entering the United States from foreign countries.

United States v. Beckley, 335 F. 2d 86 (6th Cir., 1964), was a case involving the opening of a package mailed to defendant in the United States from the Panama Canal Zone. In that case, the court held that the Fourth Amendment rights applicable to domestic mail do not apply to international mail entering the United States, at least where it appears that a customs determination must be made.

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Related

Carroll v. United States
267 U.S. 132 (Supreme Court, 1925)
Elkins v. United States
364 U.S. 206 (Supreme Court, 1960)
Wong Sun v. United States
371 U.S. 471 (Supreme Court, 1963)
Aguilar v. Texas
378 U.S. 108 (Supreme Court, 1964)
Spinelli v. United States
393 U.S. 410 (Supreme Court, 1969)
Barbara Jean Henderson v. United States
390 F.2d 805 (Ninth Circuit, 1967)
United States v. Richard McDaniel
463 F.2d 129 (Fifth Circuit, 1972)
United States v. Swede
326 F. Supp. 533 (S.D. New York, 1971)
Commonwealth v. Soychak
289 A.2d 119 (Superior Court of Pennsylvania, 1972)
United States v. Sohnen
298 F. Supp. 51 (E.D. New York, 1969)
Commonwealth v. Thomas
282 A.2d 693 (Supreme Court of Pennsylvania, 1971)
State v. Gallant
308 A.2d 274 (Supreme Judicial Court of Maine, 1973)
Commonwealth v. Dembo
301 A.2d 689 (Supreme Court of Pennsylvania, 1973)

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Bluebook (online)
63 Pa. D. & C.2d 159, 1973 Pa. Dist. & Cnty. Dec. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-williams-pactcomplbucks-1973.