United States v. Benarsi Das Mehra Far Eastern Merchants, Inc.

824 F.2d 297, 23 Fed. R. Serv. 760, 1987 U.S. App. LEXIS 9897
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 24, 1987
Docket86-5105
StatusPublished
Cited by16 cases

This text of 824 F.2d 297 (United States v. Benarsi Das Mehra Far Eastern Merchants, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Benarsi Das Mehra Far Eastern Merchants, Inc., 824 F.2d 297, 23 Fed. R. Serv. 760, 1987 U.S. App. LEXIS 9897 (4th Cir. 1987).

Opinion

BUTZNER, Senior Circuit Judge:

Benarsi Das Mehra and Far Eastern Merchants, Inc. (collectively Mehra) appeal a judgment convicting them of conspiring to import hashish, in violation of 21 U.S.C. § 963, importation of hashish, in violation of 21 U.S.C. § 952(a) and 18 U.S.C. § 2, and interstate travel in aid of racketeering, in violation of 18 U.S.C. § 1952(a)(3). Mehra *298 claims that the district court erred in upholding the validity of two searches and seizures of hashish, occurring in 1983 and 1986, and in the admission of a prior consistent statement of a government witness.

I

Mehra and his textile company, Far Eastern Merchants, Inc., imported hand woven Indian cottons into this country from India. Unfinished bales of fabric arrived from India at Far Eastern’s warehouse in High Point, North Carolina, and were then sent either to a fabric finishing company for processing or directly to a customer. The finishing company unrolled the bales, processed and backed the fabric, and delivered the finished fabric to purchasers designated by Far Eastern.

The fabric involved in the 1983 search consisted of 100 rolls of cotton that Mehra imported from India and then sold to Eastern Handwoven. Synthetic Finishing picked it up from Far Eastern at High Point to process the material and deliver it to Eastern Handwoven.

On October 7, 1983, employees of Synthetic Finishing were processing the last of 33 rolls of this fabric in the lapper, a device for unrolling the material, when the roll became hung in the machine, causing it to stop. The employees discovered that the cloth had been cut to form a window, and nine packages wrapped in wax paper were inside tied to the remainder of the roll. An employee reported to the State Bureau of Investigation that they had found what they thought to be drugs while processing material at the plant and requested that an agent come to the plant.

Synthetic gave the cut roll of fabric and the packages to the SBI agent, who opened one of the packets at his office later the same day. Under the brown waxed paper were several layers of a thin blue cellophane-like material, two to three layers of a thicker white plastic milky colored material, and approximately two layers of a thin, clear sheet plastic material. Inside the wrappings was a dark, hard, compressed, vegetable type material, which was determined to be hashish. The nine packages contained approximately 20 pounds of hashish.

The district court denied Mehra’s motion to suppress the warrantless search and seizure of the hashish. It held that Mehra and Far Eastern had no legitimate expectation of privacy in the packages of the drug and alternatively that Synthetic Finishing had sufficient authority to consent to the search and seizure. Mehra assigned error contending that he and his company had neither abandoned the drugs nor authorized Synthetic Finishing to consent.

II

The fourth amendment protects people rather than places, Katz v. United States, 389 U.S. 347, 353, 88 S.Ct. 507, 512, 19 L.Ed.2d 576 (1967), but the capacity of a person to claim the protection of the fourth amendment depends upon a legitimate expectation of privacy in the invaded place or thing. This requires both that a person have exhibited an actual expectation of privacy and that the expectation be one that society recognizes as reasonable. Katz v. United States, 389 U.S. at 361, 88 S.Ct. at 516 (Harlan, J., concurring). In assessing what is a constitutionally protected reasonable expectation of privacy, the Supreme Court has considered such factors as the intention of the framers, the uses to which the person has put a location, and societal values and understandings about areas which deserve the fourth amendment’s protection. See Oliver v. United States, 466 U.S. 170, 178, 104 S.Ct. 1735, 1741, 80 L.Ed.2d 214 (1984).

The Supreme Court has upheld as legitimate not only the privacy rights of persons in places historically associated with the fourth amendment, such as the home, but also the privacy rights of persons in letters, sealed packages, and in closed, opaque containers, such as footlockers, suitcases, or packages whose contents are not inferable from their appearance. See Robbins v. California, 453 U.S. 420, 426-27, 101 S.Ct. 2841, 2845-46, 69 L.Ed.2d 744 (1981). Thus, in Walter v. United States, 447 U.S. 649, 100 S.Ct. 2395, 65 L.Ed.2d 410 *299 (1980), on which Mehra relies, the Supreme Court upheld the privacy right of an owner of pornographic films who shipped them by private carrier. The films were labelled, then wrapped and sealed. The packages were erroneously delivered to a recipient who called the Federal Bureau of Investigation, and agents later projected the films without obtaining a warrant. The Court extended to this shipment the same fourth amendment rights afforded letters and sealed packages sent by mail and the same expectation of privacy granted to an ordinary locked suitcase. 447 U.S. at 654-55, n. 5, 100 S.Ct. at 2400-01, n. 5. The Court measured the consignor’s expectation of privacy in the contents of a carton delivered by private carrier by the condition of the package when shipped, unless there was reason to assume the carton would be opened before reaching its destination. 447 U.S. at 658-59, n. 12, 100 S.Ct. at 2402-03, n. 12. Though the agents lawfully obtained the film, projection constituted an unlawful search. 447 U.S. at 654, 100 S.Ct at 2400. In Walter and the other container cases in which the Court found a violation of the fourth amendment, the accused retained a legitimate expectation of privacy.

The critical issue in this case therefore is not simply whether the hashish was screened from detection by the opaque wrapping of the packets. It is whether Mehra and his company had a reasonable expectation of privacy in the packets.

This case presents no circumstances which justify a reasonable expectation of privacy. Without this expectation, there is no unconstitutional search. See United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85 (1984). Mehra’s claim presents neither an actual nor a legitimate expectation of privacy. Unlike the films in Walter, Mehra's packets of hashish do not support the expectation of privacy that protects objects transported by mail or private carrier. For, unlike objects wrapped, packaged, and sent in a normal manner, the packets were placed and sent in a roll of cotton, a container that denies both the reasonable and actual expectation that it or anything within it could remain private.

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Bluebook (online)
824 F.2d 297, 23 Fed. R. Serv. 760, 1987 U.S. App. LEXIS 9897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-benarsi-das-mehra-far-eastern-merchants-inc-ca4-1987.