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D.V.I.: Baggage from St. Croix to JFK may be searched under border search doctrine

By John Wesley Hall, Jr.

Baggage on an airplane from St. Croix VI to NYC can be subjected to a border search, even though there is no traditional customs. Defendant had drugs that were so well sealed that a dog did not alert, but the search was conducted anyway after the plane was boarded, and the bags removed for a search. United States v. Stevens, 2008 U.S. Dist. LEXIS 97904 (D. V.I. April 16, 2008): The Virgin Islands, acquired from the Kingdom of Denmark in 1917, is an unincorporated territory of the United States. Congress has the power under Article IV, § 3, cl. 2 of the Constitution to make "all needful Rules and Regulations respecting the Territory … belonging to the United States." Pursuant to this power, Congress has created a border for customs purposes between the Virgin Islands and the continental United States...continue to full post

Full post as published by Fourth Amendment on December 07, 2008 (boomark / email).