No warrant needed
Rodney C. Schonland -- Logistics Management, 10/1/2001
Does the U.S. Customs Service need a warrant in order to examine documents or imported goods? The short answer to this question is no. All three branches of government have consistently ruled that importing does not warrant the same high level of protection of civil rights and personal freedoms accorded other activities by the U.S. Bill of Rights.
The agency may examine any import-related documents by giving the importer reasonable notice, making the request during usual business hours, and making an appointment "at a time mutually convenient" to the party holding the records (Customs Regulation §162.1d). Typically, Customs does this by calling and asking when it would be convenient to come out and review some import records. Most business managers check their calendars and find some time to meet with the inspectors.
If, however, company officials indicate that they do not wish to cooperate, then Customs may by its own authority issue a "demand," called a summons, to inspect the import records. This summons can compel representatives of the business to appear before Customs, or it can compel them to produce the documents at a place and time named by Customs. If the business fails to obey the summons, then Customs can get a court order requiring compliance.
In addition to examining documents, Customs can also inspect imported cargo, importing carriers, and even people when they arrive in the United States. The courts have consistently upheld the agency's authority to inspect foreign goods without first securing a warrant for as long as those goods remain in the United States. That authority applies even if the goods were inspected or imported several years earlier, and regardless of whether they are in a warehouse, in a store, on a truck, in an individual's personal possession, and so forth. It's nice when Customs provides reasonable notice of its desire to inspect the goods, but that's not required.
Should an inspection of foreign goods indicate that there has been a violation of law, then Customs may seize the goods. Such a seizure can be either "mandatory" or "permissive." "Mandatory" means that the goods will be seized at the time the violation is discovered and custody of those goods will shift to Customs. "Permissive" means that the goods may remain under the control of the custodian/importer but they must be held pending resolution of the issue. In neither case does seizure require a warrant.
People who are not involved in importing are often surprised that the U.S. Customs Service has such exceptional powers and authority. Although the agency usually exercises these powers reasonably and with deference to normal business practices, it's important to keep in mind that these powers do exist and that securing a court warrant generally is not required in the policing of international commerce.
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