United States v. Lee (1927)
United States v. Lee | |
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Holding | |
If probable cause exists to believe that a vessel and persons in it are violating U.S. revenue laws, the Coast Guard may seize, board, and search the vessel beyond the U.S. territorial waters and the high seas 12 miles outward from the coast. (reversing the decision of the United States Court of Appeals for the First Circuit) | |
Court membership | |
| |
Case opinion | |
Majority | Brandeis, joined by unanimous |
Laws applied | |
§§ 591 and 593 of the Tariff Act of 1922 |
United States v. Lee, 274 U.S. 559 (1927), is a significant decision by the United States Supreme Court protecting prohibition laws. The Court held 1) the Coast Guard may seize, board, and search vessels beyond the U.S. territorial waters and the high seas 12 miles outward from the coast if probable cause exists to believe that the vessel and persons in it are violating U.S. revenue laws, and 2) the Coast Guard's use of searchlights to view contents of a vessel on the high seas does not constitute a search and thus does not warrant Fourth Amendment protections.
Background
On the night of February 16, 1925, a
The
The Tariff Act of 1922 prohibits the import of liquor into the United States and authorizes the Coast Guard to seize, board, and search any vessel suspected to U.S revenue laws.
U.S. territorial waters are 12 miles outward from any US coast. The motor boat was seized outside of this twelve-mile territory; therefore, Lee and his co-defendants sued for a writ of error claiming the Coast Guard did not have jurisdiction to board their vessel in international waters. The case was brought before the United States Court of Appeals for the First Circuit which agreed with the defendants and set aside the conviction. The government appeals the Appellate Court's decision to the Supreme Court.[3]
Decision
The case was heard before the Supreme Court on March 8, 1927. On May 31, 1927, Justice Louis Brandeis delivered the unanimous opinion of the Court. The Court held the Coast Guard has authority to visit, search and seize an American vessel on the high seas beyond the twelve-mile limit when probable cause exists to believe that U.S. laws are being violated; that it has authority also to arrest persons on such vessel when there is reason to believe those persons are engaged in committing a felony.[4] The Court also held that the use of a searchlight does not constitute a search and thus does not warrant Fourth Amendment protections because the use of a searchlight is comparable to the use of binoculars. The courts have long held that binoculars are not prohibited by the Constitution.[5]
References
- ^ The first names of Lee, McNeil and Vieria are not found in the record
- ^ "United States v. Lee, 274 US 559, 563 (1927)". supreme.justia.com. Retrieved June 4, 2017.
- ^ "Lee v. United States, 14 F. 2d 400 (1st Cir. 1926)". scholar.google.com. Retrieved June 4, 2017.
- ^ "United States v. Lee, 274 US 559, 562-563 (1927)". scholar.google.com. Retrieved June 4, 2017.
- ^ "United States v. Lee, 274 US 559, 563 (1927)". scholar.google.com. Retrieved June 4, 2017.
External links
- Text of United States v. Lee, 274 U.S. 559 (1927) is available from: CourtListener Google Scholar Justia