HARRIS Et Al. v. UNITED STATES

1970-10-10
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Headline: Justice Douglas grants a temporary stay while the Court considers whether the Government can appeal seizure orders and whether far‑inland border searches require probable cause, affecting travelers and customs enforcement.

Holding:

Real World Impact:
  • Pauses enforcement of the appeals court judgment pending Supreme Court review.
  • Could decide whether Customs may search vehicles far inland without probable cause.
  • May determine when the Government can appeal pretrial suppression orders.
Topics: border searches, customs searches, criminal appeals, search and seizure

Summary

Background

The dispute began after a truck entered the United States from Mexico at San Ysidro and was later seized and searched in Los Angeles about 150 miles inland. The District Court suppressed the seized evidence after calling the search a so‑called "border" search. The United States appealed, and the Court of Appeals denied a stay; the Government then asked this Court to pause that judgment while it seeks further review.

Reasoning

The Justice flagged two important questions for the Court to decide. First, whether the Government may appeal the suppression order under 18 U.S.C. §1404 in light of a prior decision that limits appeals that are not "final." The District Court order did not explicitly return the property, and the statute’s wording and cross references are ambiguous. Second, what Fourth Amendment rule applies to extended border searches far from the border—whether officers need probable cause, a showing of "reasonable cause to suspect," or whether continuous surveillance after entry suffices. The Justice noted differing rules in various federal appeals courts and did not decide the merits, but found these questions substantial enough to justify a stay.

Real world impact

The stay pauses enforcement of the Court of Appeals’ judgment while the Supreme Court considers the issues. The eventual decision could change how far inland Customs can search vehicles and when prosecutors can appeal suppression of seized evidence. For now, the ruling is temporary and could be changed after full review.

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