No. 20-5133

Steven Baxter v. United States

Lower Court: Third Circuit
Docketed: 2020-07-22
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP
Tags: border-search customs customs-border fourth-amendment suspicion-less-search unincorporated-territory united-states-virgin-islands warrant-requirement warrantless-search
Key Terms:
Arbitration FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-01-22 (distributed 2 times)
Question Presented (AI Summary)

Does the border-search exception to the Fourth Amendment allow routine, suspicion-less searches at internal/domestic customs borders?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents the interplay between two competing propositions of constitutional law. The first proposition is that the United States Virgin Islands, as an unincorporated territory, is subject to the power of Congress under Article IV, Section 3 of the Constitution to make rules and regulations to govern the territory. Pursuant to this grant of constitutional authority, Congress passed Tariff Act of 1930, which specified that the internal/domestic customs territory of the United States excludes the United States Virgin Islands. See 19 U.S.C. § 1401(h). The second proposition is that border searches are recognized as an exception to the Fourth Amendment’s warrant requirement. See United States v. Ramsey, 431 U.S. 606, 616 (1977). In this case a warrantless search of the Petitioner’s mail was conducted at an internal/domestic customs border between the continental United States and the United States Virgin Islands. The questions presented are: 1. Does the border-search exception to the Fourth Amendment allow routine, suspicion-less searches at internal/domestic “customs borders” where the Fourth Amendment applies with full force on both sides of the internal/domestic customs border? 2. Do routine warrantless searches of mail traveling from the continental United States to the United States Virgin Islands violate the Fourth Amendment? i

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2021-01-06
Reply of petitioner Steven Baxter filed. (Distributed)
2020-12-16
Motion to delay distribution of the petition for a writ certiorari granted. The case will be distributed Thursday, January 7, 2021.
2020-12-15
Motion of petitioner to delay distribution of the case under Rule 15.5 from December 23, 2020 to January 6, 2021, submitted to The Clerk.
2020-12-09
Brief of respondent United States in opposition filed.
2020-10-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
2020-10-28
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
2020-10-09
Brief amicus curiae of Virgin Islands Bar Association filed.
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
2020-09-30
Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
2020-09-09
Response Requested. (Due October 9, 2020)
2020-08-06
DISTRIBUTED for Conference of 9/29/2020.
2020-07-31
Waiver of right of respondent United States to respond filed.
2020-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2020)

Attorneys

Steven Baxter
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Virgin Islands Bar Association
Dwyer Stenquist ArceKutak Rock LLP, Amicus
Dwyer Stenquist ArceKutak Rock LLP, Amicus