United States v. Williamson

28 M.J. 511, 1989 CMR LEXIS 120, 1989 WL 15948
CourtU.S. Army Court of Military Review
DecidedFebruary 24, 1989
DocketACMR 8702332
StatusPublished
Cited by1 cases

This text of 28 M.J. 511 (United States v. Williamson) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Williamson, 28 M.J. 511, 1989 CMR LEXIS 120, 1989 WL 15948 (usarmymilrev 1989).

Opinion

OPINION OF THE COURT

DeFORD, Senior Judge:

Contrary to her pleas, the appellant was convicted by a general court-martial of one specification of possession of marijuana and one specification of use of cocaine in violation of Article 112a of the Uniform [513]*513Code of Military Justice, 10 U.S.C. § 912a (Supp.). She was sentenced to a dishonorable discharge, forfeiture of all pay and allowances, and reduction to the grade of Private El. The convening authority approved only so much of the sentence as provided for dishonorable discharge, forfeiture of $438.00 pay per month for 51 months and reduction to the grade of Private El.

On appeal, the appellant alleges among other matters that the military judge erred by failing to suppress evidence of cocaine and marijuana resulting from an illegal seizure. We disagree and affirm appellant’s conviction and sentence.

I

Statement of Facts

The appellant and her husband, both soldiers, were transferred pursuant to normal permanent-change-of-station orders from Redstone Arsenal, Alabama, to the Federal Republic of Germany. On 8 and 9 December 1986, the appellant’s household goods were shipped to Heilbronn, Germany, and placed unopened in storage for administrative reasons unrelated to this case. On 2 May 1987, the appellant was ordered to return to Redstone Arsenal, Alabama, to face pending charges of narcotics violations.1 Her household goods remained unopened in Heilbronn, Germany, pending reshipment to Redstone Arsenal.

The Army Transportation Office in Germany notified the military police customs inspectors that the appellant’s shipment was being returned to the United States and that the appellant had been “apprehended” for drug abuse. With this information, the military customs office determined that the shipment was one of “high risk” which would require a thorough customs examination. The military police customs officials had no knowledge of incriminating information other than the appellant’s alleged drug abuse which had been identified through urinalysis. On 11 June 1987, military police customs inspectors conducted a warrantless “examination” of the appellant’s shipment of the stored household goods in Heilbronn, Germany. The inspectors broke the bands which sealed the crates, removed each item piece by piece, and thoroughly examined the contents of the shipment. In the course of their “examination,” the inspectors discovered two hand-rolled cigarette butts contained in a purse belonging to the appellant and a bottle containing the residue of a white powder concealed within a Coca-Cola can. The cigarette butts later tested positive for marijuana; the whitish powder contained in the bottle tested positive for cocaine.2

At trial, the appellant moved to suppress this evidence as illegally obtained in violation of Military Rule of Evidence 311. Specifically, the appellant contended that the “examination” was not a “border search” within the meaning of Manual for Courts-Martial, United States, 1984, Military Rule of Evidence 314(b).

The military judge admitted the evidence of the seized contraband finding that the appellant’s household goods were destined for shipment to the United States from Germany; that the household goods were located physically within the Federal Republic of Germany; that the Transportation officials had notified military police customs officials that the appellant was being returned to the United States for “alleged drug involvement”; that the household goods were examined without benefit of a search authorization or warrant; that the examination was a lawful customs examination; and that, consequently, authorization or warrant to search was not required.

II

On appeal, as we have noted, the appellant alleges that the government agents illegally seized and searched her household [514]*514goods and that the evidence of the contraband substances should have been suppressed. The government contends that the examination conducted in the case at bar is a lawful customs search within the “border search” exception to the warrant requirement of the Fourth Amendment. See United States v. Ramsey, 431 U.S. 606, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977) (border searches without warrant and without probable cause are nonetheless “reasonable” within the search requirement of the Fourth Amendment). See also United States v. 12 200-Ft. Reels of Film, 413 U.S. 123, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973) (international border searches are governed by different rules than domestic searches).

The border search exception is not premised on exigent circumstances as are other exceptions to the constitutional requirement for a warrant. United States v. Ramsey, 431 U.S. at 621, 97 S.Ct. at 1981 (1977). Rather, this exception for border searches is premised upon the “longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country.” United States v. Ramsey, 431 U.S. at 616, 97 S.Ct. at 1978. See Carroll v. United States, 267 U.S. 132, 153-54, 45 S.Ct. 280, 285, 69 L.Ed. 543 (1925) (“Travelers may be so stopped in crossing an international boundary because of national self protection [sic] reasonably requiring one entering the country to identify himself as entitled to come in, and his belongings as effects which may be lawfully brought in”). Thus, a customs official may conduct routine searches at the international border without a warrant or probable cause or even “reasonable suspicion”. United States v. Montoya de Hernandez, 473 U.S. 531, 538, 105 S.Ct. 3304, 3309, 87 L.Ed.2d 381 (1985) (citing United States v. Ramsey, 431 U.S. at 616-19, 97 S.Ct. at 1978-80; Almeida-Sanchez v. United States, 413 U.S. 266, 272-73, 93 S.Ct. 2535, 2539-40, 37 L.Ed.2d 596 (1973); and Carroll v. United States, 267 U.S. at 154, 45 S.Ct. at 285).

In order to qualify for the border search exception to the warrant requirement of the Fourth Amendment, the search must take place at a border of the United States or its “functional equivalent.” Almeida-Sanchez v. United States, 413 U.S. at 272, 93 S.Ct. at 2539. The “border” must be international in character. Torres v. Puerto Rico, 442 U.S. 465, 99 S.Ct. 2425, 61 L.Ed.2d 1 (1979). When the search occurs at an international border the search is reasonable because the item or person is entering the country. United States v. Troise, 796 F.2d 310, 313 (9th Cir.1986). The sovereign’s right to control access thus adheres at the international border.

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Bluebook (online)
28 M.J. 511, 1989 CMR LEXIS 120, 1989 WL 15948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williamson-usarmymilrev-1989.