The Burger Court Opinion Writing Database

Transcription

1 The Burger Court Opinion Writing Database United States v. Van Leeuwen 397 U.S. 249 (1970) Paul J. Wahlbeck, George Washington University James F. Spriggs, II, Washington University Forrest Maltzman, George Washington University

2 t_. Ottprtme qjrntrt of flit 211niteb Awes waskingtgat. D. Q. 2CP g CHAMBERS Or THE CHIEF JUSTICE March 19, 1970 Re: No U. S. v. Van Leeuwen Dear Bill: I join in your opinion. W. E. B. Mr. Justice Douglas cc: The Conference

3 Ssaprente (quart of titellinitett Atatts Atairingtatt, in. Q. 2.Qg4g CHAMBERS OF JUSTICE H UGO L. BLACK March 12, 1970 Dear Bill, Re: No U. S. v. Van Leeuwen I agree. Sincerely, Mr. Justice Douglas

4 1 SUPREME COURT OF THE UNITED STATES No OCTOBER TERM, 1969 United States, Petitioner, Gerritt Johannes Van Leeuwen On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [March, 1970] MR. JUSTICE DOUGLAS delivered the opinion of the Court. Respondent at about 1:30 p. in. on Thursday, March , mailed two 12-pound packages at the post office in Mt. 'Vernon, Washington, a town some 60 miles from the Canadian border. One package was addressed to a post office box in Van Nuys, California, and the other to a post office box in Nashville, Tennessee. Respondent declared they contained coins. Each package was to be sent airmail registered and each was insured for $10,000, a type of mailing that the parties agree was first class, making them not subject to discretionary inspection.1 When the postal clerk told a policeman who happened to be present that he was suspicious of the package, the policeman at once noticed that the return address on the packages was a vacant housing area of a nearby junior college, and that the license plates of respondent's car were British Columbia. The policeman called the Canadian police, who called customs in Seattle. At 3 p. m. that afternoon customs called Van Nuys and I Section 39 CFR describes "first class" mail as "matter closed against postal inspection," which follows the definitions in 39 U. S. C

5 \; 9 Mr. Justice Black Mr. Justice Harlan Justice Brennan 4,-- Mr. Justice Snte ar w Yr.t Justice ite Mr. Z,77;tico Mr. justice IL:s..1.1:11ll SUPREME COURT OF THE UNITEntili' "3 No OcToBER TERM, 1969 United States, Petitioner, v. Gerritt Johannes Van Leeuwen On Writ of Certiorari to the -United States Court of Appeals for the Ninth Circuit. [March MR. JUSTICE DOUGLAS delivered the opinion of. the Court. Respondent at about 1:30 p. m. on Thursday, March , mailed two 12-pound packages at the post office in Mt. Vernon, Washington, a town some 60 miles from the Canadian border. One package was addressed to a post office box in Van Nuys. California, and the other. to a post office box in Nashville, Tennessee. Respondent declared they contained coins. Each package was to be sent airmail registered_ and each was. insured for $10,000, a type of mailing that the parties agree was first class, making them not subject to discretionary inspection./ When the postal clerk told a policeman who happened to be present that he was suspicious of the package, the policeman at once noticed that the return address on the packages was a vacant housing area of a nearby,junior college, and that the license plates of respondent's car were British Columbia. The policeman called the Canadian police, who called customs in Seattle. At 3 p. in. that afternoon customs called Van Nuys and 1 Section 39 CFR describes "first class" mail as "matter closed against postal inspection." which follows the definition in 39 U. S. C (a.). O en )-1 C 1-1 cn

6 -., REPRODUCED FROM THE COLLECTIONS OF THE MANUSCRIPT I)JVISION, LIBRARY OF CONGRESS i Y.. ' rii r 9 re --Inlirr,T MIMWEIMM=rr :77=LIrrarra-Mfgqtryr

7 Su;az= Olartrt of tine ea Abets Aralrinatatt, 20g4g chamiscrta or JUSTICE WM. J. BRENNAN, JR. March RE: No United States v. Van Leeuwen Dear Bill: case. I agree with your opinion in the above Mr. Justice Douglas,.:.e.c:4The.CciaLerauce

8 Aiwnutscpurt of tfir Anita tit.tts Paskington, 33. zrfg4g em. sews. or JUSTICE POTTER STEWART. March 13, 1970 No United States v. Van Leeuwen Dear Bill, I am glad to join your opinion for the Court in this case. Sincerely yours, S. Mr. Justice Douglas Vegtestirthe 'Carderente H-4 ro C O by O O

9 REPRODUCED FROM THE COLLECTIONS ;7,:: ,44'-' 0. THE MANUSCRIPT 4IVISION, LIBRARY OF CONGRESS

10 Re: No United States v. Van Leeuwen Dear Bill: Please join me. Sincerely, T.M. Mr. Justice Douglas cc: The Conference