Steven Baxter v. United States
Arbitration FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Does the border-search exception to the Fourth Amendment allow routine, suspicion-less searches at internal/domestic customs borders?
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