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):<\/p>\n
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, \u00a7 3, cl. 2 of the Constitution to make “all needful Rules and Regulations respecting the Territory \u2026 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. 19 U.S.C. \u00a7\u00a7 1401(h) and 1467; United States v. Hyde, 37 F.3d 116, 121 (3d Cir. 1994). Our Court of Appeals has explained, “[A]s far as the interests of the sovereign are concerned, we perceive the interest of the United States in warrantless searches without probable cause at this “internal” border to be little different from its interest in such searches at its international borders.” Id. at 122. Accordingly, the search of Stevens’ luggage at the airport in St. Croix did not require a warrant or probable cause, and it survives any constitutional challenge. The drugs found in her luggage supply the necessary probable cause for her detention and subsequent arrest.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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