U.S. vs. Montoya de Hernandez PDF

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Kara Chrispen CJS 305-01

U.S. vs. Montoya de Hernandez 473 U.S. 531 381 (1985) FACTS: Montoya de Hernandez arrived at Los Angeles International Airport around midnight on March 5, 1983 on a direct 10 hour flight from Bogota, Colombia. She passed through immigration and then went to customs. She was met by Customs Inspector Talamantes. Talamantes noticed that she had made eight recent trips to either Miami or Los Angeles. Because of this, Talamantes referred her to another inspector for further questioning. She explained that she was here to get things for her husband’s store in Bogota. She had 5,000 dollars in mostly 50 dollar bills, but no billfold. She said that she was going to ride around in a taxi and shop at places such as J. C. Penney and K-Mart to buy goods. She did not have any hotel reservations, but she planned to stay at a Holiday Inn. She also could not recall how her ticket was purchased. After these and other factors the two customs inspectors decided that she was probably a balloon swallower. A female inspector was requested to take Montoya de Hernandez in order to perform a strip search. Her abdomen was seen as very full and firm but there was no contraband found during the search. The inspector noticed that she was wearing two pairs of elastic underpants with a paper towel lining the crotch area. When Montoya de Hernandez was returned to the customs area she was told that she was suspected of carrying drugs. She was told that she could return to Colombia on the next flight after agreeing to an x-ray, or else she could remain in detention until she produced a bowel movement. She chose the first option and was placed in a customs office under observation. She was told to go to the bathroom in a waste basket so that they could inspect her stool. They also refused her request of a phone call. She sat in the office all night and refused all offers of food and drink. She also refused to go to the bathroom. After 16 hours of waiting and not eating, drinking, or using the bathroom an xray and rectal examination was in order. During the rectal examination a balloon of cocaine was found and she was put under arrest. Within 10 minutes, she passed 6 more balloons and within four days she had passed a total of 88 balloons. All of them amounted to 528 grams of 80 percent pure cocaine hydrochloride. After a suppression hearing, the cocaine was admitted and she was convicted. The United States Court of Appeals for the Ninth District reversed the convictions. QUESTION: Was the detaining of Montoya for many hours when they had no evidence a violation of her Fourth Amendment rights? NO OPINION: Rehnquist, J. along with Burger, CJ., White, J., Blackmun, J., Powell, J., and O’Connor, J. 1. The permissibility of a law enforcement practice depends on the intrusion of the Fourth Amendment 2. Searches are way different on the border than within the United States

Kara Chrispen CJS 305-01

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a. The criteria and standard for a search is different i. There does not have to be reasonable suspicion, probable cause, etc. b. This is due to the scare of smuggling Montoya de Hernandez is also subject to Fourth Amendment rights though There is no standard at the border for a search as far as what is needed to conduct one The customs inspectors had a reason for keeping her there a. They had more than a hunch Detecting smuggling in the alimentary canal is not something that is going to be found in a terry stop type of search She refused the x-ray, so therefore they had to detain her for this long The detention was not unreasonable long a. She created the situation b. She was responsible for the discomfort c. The customs inspectors were trying to protect the country

CONCURRENCE: Stevens, J. 1. This was a prolonged search only because she refused an x-ray DISSENT: Brennan, J. joined by Marshall, J. 1. This is a disgusting and saddening episode at the border 2. The issue here is does the Fourth Amendment permit an international traveler, citizen or alien, to be subjected to the sort of treatment that occurred in this case without the sanction of a judicial officer and based on nothing more the reasonable suspicion of low ranking investigative officers that something might be amiss? a. The court says yes, I say no 3. This is characteristic of a police state, not a free society a. It should not be different at the border than inside the U.S. 4. A physician said that he only found contraband in 15 to 20 percent of the searches he did 5. We cannot make people go to the bathroom on command 6. We cannot expect travelers to cooperate when they are scared and locked away for observation...