◆ SpookStack

Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - ..J.J - Until 1973 it was widely thought that the border search rules allowed the inland search of persons and vehicles near the border for contraband and dutiable items.23/ The large majority of courts uphold the legality of opening envelopes J; .... · at the border. Six courts of appeals have held that Customs officers may open envelopes without probable cause or search warrants to search for contraband, although one court of appeals has held to the contrary. The Supreme Court may resolve the dispute in the coming months.24/ The scope of the "border '· search" exception to the warrant clause of the Fourth Amendment would certainly bear upon the legality of any authorization to inspect international mail. The discussion so far has traced changes in the law, during and after the time of the mail openings by the CIA, that would affect the lawfulness of a properly authorized surveillance. The law also has evolved in recent years concerning the form an authorization must take and the restrictions that must be observed in exercising any authority delegated to approve the activities. Questions regarding the necessity for express delegations by the President of his constitutional authority and for periodic reexamination of 23/ Almeida-Sanchez v. United States. 413 U.S. 266. The extent to which Almeida-Sanchez altered existing law is dis- cussed in United States v. Peltier, supra, 422 U.S. at 539-542 .. 24/ United States v. Ramsey, certiorari granted October 4, 1976, No. 76-167 ·. . A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4