Mason Vs. U.S - Court Judgment

Excerpt:
mason v. u.s - 414 u.s. 941 (1973) u.s. supreme court mason v. u.s , 414 u.s. 941 (1973) 414 u.s. 941 robin ennette mason v. united states. no. 72-6950. supreme court of the united states october 15, 1973 on petition for writ of certiorari to the united states court of appeals for the ninth circuit. the petition for a writ of certiorari is denied. mr. justice douglas, dissenting. petitioner, while attempting to enter the united states at san ysidro, california, was subjected to a vaginal search which yielded approximately one ounce of heroin and petitioner page 414 u.s. 941 , 942 was convicted of importing the substance. conceding that the police were justified in causing her to submit to a body cavity search under the present 'clear indication' standard,1 petitioner urges the adoption of a rule that body cavity searches must be authorized by a warrant when time permits. it has long been held that the ordinary necessity for obtaining a warrant prior to a domestic search does not apply with full force to border searches. see boyd v. united states, 116 u.s. 616, 623 ; carroll v. united states, 267 u.s. 132, 154 . but the stark contrast between permitting a minor customs official to make a warrantless search of baggage and permitting that same official to determine the instances in which intrusive and degrading vaginal and rectal searches will be conducted demonstrates the necessity for a delineation by this court of the exact parameters of the border search exception. [ footnote 2 ] the record in thompson v. united states, 9 cir., 411 f.2d 946 , 948, indicated that 80% to 85% of all those subjected to body cavity searches at the border are innocent of the suspected wrongdoing. this statistic shows the desirability of positing ultimate decision-making responsibility for this type of highly intrusive search with a 'neutral and detached magistrate' rather than a zealous officer 'engaging in the often competitive enterprise of ferreting out crime.'3 footnotes footnote 1 rivas v. united states, 9 cir., 368 f.2d 703 , 710. footnote 2 judges ely and king indicated acceptance of petitioner's proposition but felt constrained by the existing law in the ninth circuit. a number of commentators have also argued for a warrant requirement. note, search and seizure at the border-the border search, 21 rutgers l.rev. 513 ( 1967). comment, intrusive boarder searches-is judicial control desirable?, 115 u.pa.l.rev. 276 (1966). footnote 3 johnson v. united states, 333 u.s. 10, 14 .

Judgment: