United States v. Van Leeuwen, 397 U.S. 249 (1970). · Go Syfert
United States v. Van Leeuwen, 397 U.S. 249 (1970). Cases Citing This Book View Copy Cite
Quick Summary

A brief delay in inspecting mail is reasonable under the Fourth Amendment when supported by probable cause (such as a fictitious address).

A respondent mailed two suspicious packages via first-class mail that were detained by postal authorities for investigation. After a delay caused by the need to contact distant officials and the time required to obtain a warrant, the packages were searched pursuant to a warrant issued by a United States commissioner. The question is whether the detention and subsequent search of first-class mail violated the Fourth Amendment. The Court holds that first-class mail is protected from inspection except as provided by the Fourth Amendment, but the 29-hour delay between the mailing and the execution of the warrant was not unreasonable under these specific circumstances. The search was constitutional because the privacy of the mail was not invaded until the warrant was obtained.

1,603 citation events (573 in the last 25 years) across 101 distinct courts.
Treatment trajectory · 1970 → 2026 · click a year to view as-of
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Cited for
At page 252 Justifying package detention under fourth amendment37 citing cases“even first-class mail is not beyond the reach of all inspection.”6 citing courts quote it · also cited as 90 S. Ct. at 1032; 25 L. Ed. 2d at 285
  • United States v. Dennis Roy Choate, 576 F.2d 165 (9th Cir. 1978).published 4 cites
    (even first-class mail is not beyond the reach of all inspection.)
  • State v. Wescott, No. 2507007410, 2507007277 (Del. Super. Ct. Sept. 18, 2026).published 2 cites
    The 45 Heien v. North Carolina, 574 U.S. 54 , 60-61 (2014); see also Illinois v. Rodriguez, 497 U.S. 177 , 185-86 (1990). 46 Place, 462 U.S. at 709-10; United States v. Sharpe, 470 U.S. 675 , 685-86 (1985). 47 Van Leeuwen, 397 U.S. at 252-…
  • State v. Teague, 879 S.E.2d 881 (N.C. Ct. App. 2022).published 33 cites
    After Leeuwen, 397 U.S. at 252-53, 25 L. Ed. 2d at 285-86.
  • Commonwealth v. Merced, 111 N.E.3d 306 (Mass. App. Ct. 2018).published
    We find it worthy to note that the defendant conceded at the motion hearing that the "length of detention is a very minor issue." See Van Leeuwen , 397 U.S. at 252-253 (twenty-nine hour delay reasonable; Hernandez , 313 F.3d at 1212 (one-d…
  • United States v. Corey Golson, No. 13-1416 (3d Cir. Mar. 26, 2014).published 2 cites
    Postal authorities may seize and detain mailed items for a reasonable amount of time, if they have a reasonable suspicion of criminal activity.10 United States v. Van Leeuwen, 397 U.S. 249, 251-52 (1970).
  • United States v. Alexander, 540 F.3d 494 (6th Cir. 2008).published
    “It has long been held that first-class mail such as letters and sealed packages subject to letter postage . . . is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment.” United States v. Van Le…
  • United States v. Dennis S. Goodwin, 449 F.3d 766 (7th Cir. 2006).published
    The delay in this case was attributable almost entirely to the evasive actions of Savage, who sought to elude the police as [the defendant] moved his Pontiac to the side of the road.” See also United States v. Van Leeuwen, 397 U.S. 249, 25…
  • United States v. Keith A. Va Lerie, No. 03-3394 (8th Cir. Oct. 3, 2005).published
    Rather, the United States argues that that activity does not constitute a seizure for constitutional purposes.”) (emphasis in original); cf. United States v. Van Leeuwen, 397 U.S. 249, 252-53 (1970).
  • United States v. Robert Thomas Logan, Jr., 362 F.3d 530 (8th Cir. 2004).published
    To support a seizure, “[l]aw enforcement authorities must possess a reasonable suspicion based on articulable facts that a package contains contraband before they may detain the package for investigation.” United States v. Johnson, 171 F.3…
  • United States v. Kevin C. Ward, 144 F.3d 1024 (7th Cir. 1998).published 2 cites
    Two interests protected by the Fourth Amendment were nonetheless potentially implicated by the detention of Ward’s bag for the dog sniff: his privacy interest in the contents of the bag, see United States v. Van Leeuwen, 397 U.S. 249, 253…
Show 27 more citing cases
At page 251 Protecting sealed mail from warrantless inspection37 citing cases“it has long been held that first-class mail such as letters and sealed packages subject to letter postage ... is free from inspection by postal authorities, except in the manner provided by the fourth amendment.”5 citing courts quote it · also cited as 25 L. Ed. 2d at 284
  • State v. Eichers, 840 N.W.2d 210 (Minn. Ct. App. 2013).published 3 cites
    (It has long been held that first-class mail such as letters and sealed packages subject to letter postage ... is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment.)
  • United States v. Germin Baez Guzman, No. 24-1236 (6th Cir. Jan. 27, 2025).unpublished
    United States v. Van Leeuwen, 397 U.S. 249, 251 (1970).
  • State v. Teague, 879 S.E.2d 881 (N.C. Ct. App. 2022).published 33 cites
    After Leeuwen, 397 U.S. at 252-53, 25 L. Ed. 2d at 285-86.
  • United States v. Johnlouis, 44 F.4th 331 (5th Cir. 2022).published
    United States v. Van Leeuwen and Ex parte Jackson, for instance, place within the scope of the Fourth Amendment searches conducted by “postal authorities” and “officials connected with the postal service,” respectively. 397 U.S. 249, 251 (…
  • United States v. Martinez, 25 F.4th 303 (5th Cir. 2022).published
    As we noted in our recent decision in United States v. Beard, “[t]he protections of the Fourth Amendment extend to packages sent via the United States Postal Service.” 3 Specifically, if the Government has reasonable suspicion that a packa…
  • United States v. Beard, 16 F.4th 1115 (5th Cir. 2021).published
    IV. 4 United States v. Jacobsen, 466 U.S. 109, 113 (1984). 5 Id. (citations omitted). 6 Id. (citations omitted). 7 United States v. Van Leeuwen, 397 U.S. 249, 251 (1970). 8 Id. (internal quotation marks and citation omitted). 9 392 U.S. 1…
  • United States v. Faruq Rose, 3 F.4th 722 (4th Cir. 2021).published 2 cites
    United States v. Van Leeuwen, 397 U.S. 249, 251 (1970) (citing Jackson, 96 U.S. at 733 ); see also Stokes, 829 F.3d at 52 .
  • United States v. Mark Jones, No. 17-60285 (5th Cir. Oct. 23, 2020).unpublished 2 cites
    Sneed and reported a “suspicious” package being shipped by the airline.12 The employee relayed information suggesting that the package contained narcotics to Sneed, who went to the airport to investigate further. 13 Upon his arrival, Sneed…
  • State of Florida v. Jeffery D. Williams, 184 So. 3d 1205 (Fla. 1st DCA 2016).published
    Even when government agents may lawfully seize such a package to prevent loss or destruction of suspected contraband, the Fourth Amendment requires that they obtain a warrant before examining the contents of such a package.” (footnotes omi…
  • United States v. Corey Golson, No. 13-1416 (3d Cir. Mar. 26, 2014).published 2 cites
    Postal authorities may seize and detain mailed items for a reasonable amount of time, if they have a reasonable suspicion of criminal activity.10 United States v. Van Leeuwen, 397 U.S. 249, 251-52 (1970).
Show 27 more citing cases
  • Robey v. Superior Court, 302 P.3d 574 (Cal. 2013).published
    (See, e.g., United States v. Jacobsen (1984) 466 U.S. 109, 114 [ 80 L.Ed.2d 85 , 104 S.Ct. 1652 ] (Jacobsen); United States v. Van Leeuwen (1970) 397 U.S. 249, 251-252 [ 25 L.Ed.2d 282 , 90 S.Ct. 1029 ]; Ex parte Jackson (1877) 96 U.S. 727…
  • Commonwealth v. Rivera, 26 Mass. L. Rptr. 178 (Mass. Super. Ct. 2009).published
    U.S. v. Van Leeuwen, 397 U.S. 249, 251-52 (1970).
  • United States v. Alexander, 540 F.3d 494 (6th Cir. 2008).published
    “It has long been held that first-class mail such as letters and sealed packages subject to letter postage . . . is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment.” United States v. Van Le…
  • United States v. Forrester, No. 05-50410 (9th Cir. Jan. 7, 2008).published
    (mail is “free from inspection . . . except in the manner pro- vided by the Fourth Amendment,” but postal authorities could nonetheless detain mail without warrant based on suspicious appearance and circumstances)
  • United States v. Forrester, No. 05-50401 (9th Cir. July 24, 2007).published
    (mail is “free from inspection . . . except in the manner pro- vided by the Fourth Amendment,” but postal authorities could nonetheless detain mail without warrant based on suspicious appearance and circumstances)
  • United States v. Forrester, No. 05-50410 (9th Cir. July 6, 2007).published
    (mail is “free from inspection . . . except in the manner pro- vided by the Fourth Amendment,” but postal authorities could nonetheless detain mail without warrant based on suspicious appearance and circumstances)
  • United States v. Pitts, Raymond F., 322 F.3d 449 (7th Cir. 2003).published
    (first class mail, such as letters and sealed packages, is protected from inspection except in the manner provided by the Fourth Amendment)
  • United States v. Rodolfo C. Terriques, 319 F.3d 1051 (8th Cir. 2003).published
    A seizure will not violate the Fourth Amendment if the authorities have “reasonable suspicion based on articulable facts that a package contains contraband before they . . . detain the package for investigation.” Johnson, 171 F.3d at 603 (…
  • United States v. Ganser, Cheryl N., No. 01-2206 (7th Cir. Jan. 17, 2003).published
    United States v. Evans, 282 F.3d 451, 454 (7th Cir.), cert. denied, 123 S.Ct. 304 (2002) (citing United States v. Van Leeuwen, 397 U.S. 249, 251 (1970)).
  • United States v. Valarie E. Reeves, 233 F.3d 555 (8th Cir. 2000).published 2 cites
    II A government official may not remove a package from the stream of mail and detain it without a warrant unless he has “a reasonable suspicion based on articulable, objective facts that a package contains contraband.” United States v. Sun…
  • State v. Cooper, 652 A.2d 995 (Vt. 1994).published
    (temporary detention of mail for investigative purposes not unreasonable seizure if based on reasonable suspicion of criminal activity)
  • State v. Alosa, 623 A.2d 218 (N.H. 1993).published
    United States v. Van Leeuwen, 397 U.S. 249, 251 (1970).
  • Commonwealth v. Jenkins, 21 Pa. D. & C.4th 130 (1993).published
    It is well established that, “first class mail such as letters and sealed packages subject to letter postage — as distinguished from newspapers, magazines, pamphlets, and other printed matter —is free from inspection by postal authorities,…
  • U.S. v. Villarreal, No. 91-2598 (5th Cir. June 11, 1992).published 2 cites
    The Supreme Court has long recognized that "[l]etters and other sealed packages are in the general class of effects in which the public at large has a legitimate expectation of privacy." United States v. Jacobsen, 104 S. Ct. 1652, 1657 (19…
  • California v. Acevedo, 500 U.S. 565 (1991).published 2 cites
    See, e. g., Chadwick, 433 U. S., at 6-11 ; United States v. Van Leeuwen, 397 U. S. 249, 251 (1970); Ex parte Jackson, 96 U. S. 727, 733 (1878).
  • State v. Hempele, 576 A.2d 793 (N.J. 1990).published 2 cites
    United States v. Jacobsen, 466 U.S. 109, 114 , 104 S.Ct. 1652, 1657 , 80 L.Ed.2d 85, 94 (1984); United States v. Van Leeuwen, 397 US. 249, 251, 90 S.Ct. 1029, 1031 , 25 L.Ed.2d 282, 284-85 (1970); Ex parte Jackson, 96 U.S. 727, 732 , 24 L.…
  • United States v. Jacobsen, 466 U.S. 109 (1984).published
  • United States v. Ibukun O. Mayomi, 873 F.2d 1049 (7th Cir. 1989).published
  • Commonwealth v. Aguiar, 350 N.E.2d 436 (Mass. 1976).published
  • State v. Gallant, 308 A.2d 274 (Me. 1973).published
  • People v. Sloss, 34 Cal. App. 3d 74 (Cal. Ct. App. 1973).published
  • People v. McKinnon, 500 P.2d 1097 (Cal. 1972).published
  • United States v. Sheffaye Johnson, Also Known as Faye, 171 F.3d 601 (8th Cir. 1999).published
  • United States v. Dwight Dean Sundby, 186 F.3d 873 (8th Cir. 1999).published
  • United States v. Mohamed Mohamud, 843 F.3d 420 (9th Cir. 2016).published
  • United States v. Allateef Ali-White, No. 24-1948 (3d Cir. Jan. 30, 2025).unpublished
  • United States v. Mich'el Lulu Bey, No. 24-3154 (6th Cir. Apr. 25, 2025).unpublished
At page 253 Justifying detention of mail package under fourth amendment14 citing casesholding that a 29-hour warrantless seizure was not unreasonable2 citing courts put it this way · also cited as 25 L. Ed. 2d at 286; 90 S. Ct. at 1033 · 11 listed here
  • United States v. Huerta, 655 F.3d 806 (8th Cir. 2011).published 3 cites
    “no interest protected by the fourth amendment was invaded by forwarding the packages the following day rather than the day when they were deposited.”
  • State v. Wescott, No. 2507007410, 2507007277 (Del. Super. Ct. Sept. 18, 2026).published 2 cites
    The 45 Heien v. North Carolina, 574 U.S. 54 , 60-61 (2014); see also Illinois v. Rodriguez, 497 U.S. 177 , 185-86 (1990). 46 Place, 462 U.S. at 709-10; United States v. Sharpe, 470 U.S. 675 , 685-86 (1985). 47 Van Leeuwen, 397 U.S. at 252-…
  • State v. Teague, 879 S.E.2d 881 (N.C. Ct. App. 2022).published 33 cites
    After Leeuwen, 397 U.S. at 252-53, 25 L. Ed. 2d at 285-86.
  • Illinois v. McArthur, 531 U.S. 326 (2001).published 4 cites
    (reasonable suspicion justifies detaining package delivered for mailing)
  • United States v. Byron Keith Ames, 106 F.3d 409 (9th Cir. 1997).unpublished
    Ames's argument is that the benchmark for how fast the postal inspector should have applied for a search warrant is somewhere around the 29 hours approved in United States v. Van Leeuwen, 397 U.S. 249, 253 (1970); cf. United States v. Dass…
  • United States v. Harvard Reid, 67 F.3d 300 (6th Cir. 1995).unpublished 2 cites
    United States v. Van Leeuwen, 397 U.S. 249, 252-53 (1970).
  • State v. Gordon, 464 N.W.2d 91 (Wis. Ct. App. 1990).published
    (detention of a first-class mail package for twenty-nine hours prior to the establishment of probable cause to justify a search warrant for its inspection is not unreasonable when based on *343 a totality of suspicious c…)
  • People v. Tyus, 960 N.E.2d 624 (Ill. App. Ct. 4th Dist. 2011).published
  • Miramontes v. Superior Court, 25 Cal. App. 3d 877 (Cal. Ct. App. 1972).published
  • United States v. Song Ja Cha, 597 F.3d 995 (9th Cir. 2010).published
Show 1 more citing case
At page 250 upholding detention of mail while search warrant could be obtained7 citing cases1 citing court put it this way
  • State v. Eichers, 840 N.W.2d 210 (Minn. Ct. App. 2013).published 3 cites
    See Jacobsen, 466 U.S. at 114 , 104 S.Ct. at 1657 (“Letters and other sealed packages are in the general class of effects in which the public at large has a legitimate expectation of privacy... .”); United States v. Van Leeuwen, 397 U.S. 2…
  • United States v. Germin Baez Guzman, No. 24-1236 (6th Cir. Jan. 27, 2025).unpublished
    United States v. Van Leeuwen, 397 U.S. 249, 251 (1970).
  • United States of Am. v. Dustin Moss, 2018 DNH 158 (D.N.H. 2018).published
    Sealed packages in the mail are thus “free from inspection by postal authorities, except in a manner provided by the Fourth Amendment.” United States v. Van Leeuwen, 397 U.S. 249, 250 (1970).
  • United States v. Alexander, 540 F.3d 494 (6th Cir. 2008).published
    “It has long been held that first-class mail such as letters and sealed packages subject to letter postage . . . is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment.” United States v. Van Le…
  • U.S. v. Villarreal, No. 91-2598 (5th Cir. June 11, 1992).published 2 cites
    The Supreme Court has long recognized that "[l]etters and other sealed packages are in the general class of effects in which the public at large has a legitimate expectation of privacy." United States v. Jacobsen, 104 S. Ct. 1652, 1657 (19…
  • United States v. Bailey, 193 F. Supp. 2d 1044 (S.D. Ohio 2002).published
  • Prewitt v. Commonwealth, 341 S.W.3d 604 (Ky. Ct. App. 2011).published
90 S. Ct. at 1031 cited at this page1 citing case
  • Commonwealth v. Simpson, 30 Va. Cir. 317 (Culpeper Cir. Ct. 1993).published
    Since sealed packages subject to letter postage are free from postal inspection except in a manner permitted by the Fourth Amendment, see United States v. Van Leeuwen, 397 U.S. 249 , 90 S. Ct. 1029, 1031 (1970), each defendant had a reason…
Retrieving the full opinion text from the archive…
United States
v.
Van Leeuwen
403.
Supreme Court of the United States.
Apr 27, 1970.
Published opinion
397 U.S. 249
1970 U.S. LEXIS 57
Solicitor General Griswold argued the cause for the United States. With him on the brief were Assistant Attorney General Wilson, Joseph J. Connolly, Beatrice Rosenberg, and Sidney M. Glazer., Craig G. Davis, by appointment of the Court, 396 U. S. 952, argued the cause and filed a brief for respondent.
Douglas.
Cited by 396 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: Eighth Circuit (3) · Court of Appeals of Minnesota (3)
Mr. Justice Douglas

delivered the opinion of the Court.

Respondent, at about 1:30 p. m. on Thursday, March 28, 1968, 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 pack[*250] age 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 packages, 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 o’clock that afternoon customs called Van Nuys and learned that the addressee of one package was under investigation in Van Nuys for trafficking in illegal coins. Due to the time differential, Seattle customs was unable to reach Nashville until the following morning, March 29, when Seattle was advised that the second addressee was also being investigated for the same crime. A customs official in Seattle thereupon filed an affidavit for a search warrant for both packages with a United States commissioner, who issued the search warrant at 4 p. m., and it was executed in Mt. Vernon at 6:30 p. m., 2% hours later. Thereupon the packages were opened, inspected, resealed, and promptly sent on their way.

Other evidence showed that respondent had brought the two packages in from Canada without declaring them. He was tried for illegally importing gold coins in violation of 18 U. S. C. § 545 and found guilty and sentenced and fined. On appeal, the Court of Appeals reversed, holding that the coins were improperly admitted in evidence because a timely warrant had not been obtained. 414 F. 2d 758. The case is here on a petition for a writ of certiorari, 396 U. S. 885. We reverse.

[*251] It has long been held that first-class mail such as letters and sealed packages subject to letter postage— as distinguished from newspapers, magazines, pamphlets, and other printed matter — is free from inspection by-postal authorities, except in the manner provided by the Fourth Amendment. As stated in Ex parte Jackson, 96 U. S. 727, 733, decided in 1878:

“Letters and sealed packages of this kind in the mail are as fully guarded from examination and inspection, except as to their outward form and weight, as if they were retained by the parties forwarding them in their own domiciles. The constitutional guaranty of the right of the people to be secure in their papers against unreasonable searches and seizures extends to their papers, thus closed against inspection, wherever they may be. Whilst in the mail, they can only be opened and examined under like warrant, issued upon similar oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one’s own household. No law of Congress can place in the hands of officials connected with the postal service any authority to invade the secrecy of letters and such sealed packages in the mail; and all regulations adopted as to mail matter of this kind must be in subordination to the great principle embodied in the fourth amendment of the Constitution.”

The course of events since 1878 has underlined the relevance and importance of the Post Office to our constitutional rights. Mr. Justice Holmes in Milwaukee Pub. Co. v. Burleson, 255 U. S. 407, 437 (dissenting opinion), said that “the use of the mails is almost as much a part of free speech as the right to use our tongues.” We have emphasized over and over again that while Congress may classify the mail and fix the charges[*252] for its carriage, it may not set up regimes of censorship over it, Hannegan v. Esquire, Inc., 327 U. S. 146, or encumber its flow by setting “administrative officials astride the flow of mail to inspect it, appraise it, write the addressee about it, and await a response before dispatching the mail” to him. [2] Lamont v. Postmaster General, 381 U. S. 301, 306. Yet even first-class mail is not beyond the reach of all inspection; and the sole question here is whether the conditions for its detention and inspection had been satisfied. We think they had been.

The nature and weight of the packages, the fictitious return address, and the British Columbia license plates of respondent who made the mailings in this border town certainly justified detention, without a warrant, while an investigation was made. The “protective search for weapons” of a suspect which the Court approved in Terry v. Ohio, 392 U. S. 1, 20-27, even when probable cause for an arrest did not exist, went further than we need go here. The only thing done here on the basis of suspicion was detention of the packages. There was at that point no possible invasion of the right “to be secure” in the “persons, houses, papers, and effects” protected by the Fourth Amendment against “unreasonable searches and seizures.” Theoretically — and it is theory only that respondent has on his side — detention of mail could at some point become an unreasonable seizure of “papers” or “effects” within the meaning of the Fourth Amendment. Detention for 1% hours — from 1:30 p. m. to 3 p. m. — for an investigation certainly was not excessive; and at the end of that time probable cause existed for believing that the California package was part of an illicit project. A warrant could have been obtained that[*253] day for the one package; yet the mystery of the other package remained unsolved and federal officials in Tennessee could not be reached because of the time differential. The next morning they were reached and it was learned that the second package was also probably part of an illicit project. By 4 p. m. — or 26% hours after the mailing in Mt. Vernon — a search warrant was obtained in Seattle and at 6:30 p. m., or 29 hours after the mailing, the search warrant reached Mt. Vernon, a speedy transmission considering the rush-hour time of day and the congested highway.

No interest protected by the Fourth Amendment was invaded by forwarding the packages the following day rather than the day when they were deposited. The significant Fourth Amendment interest was in the privacy of this first-class mail; and that privacy was not disturbed or invaded until the approval of the magistrate was obtained.

The rule of our decisions certainly is not that first-class mail can be detained 29 hours after mailing in order to obtain the search warrant needed for its inspection. We only hold that on the facts of this case— the nature of the mailings, their suspicious character, the fact that there were two packages going to separate destinations, the unavoidable delay in contacting the more distant of the two destinations, the distance between Mt. Vernon and Seattle — a 29-hour delay between the mailings and the service of the warrant cannot be said to be “unreasonable” within the meaning of the Fourth Amendment. Detention for this limited time was, indeed, the prudent act rather than letting the packages enter the mails and then, in case the initial suspicions were confirmed, trying to locate them en route and enlisting the help of distant federal officials in serving the warrant.

Reversed.

1

39 CFR §131.2 describes “first class” mail as “matter closed against postal inspection,” which follows the definition in 39 U. S. C. §4251 (a).

2

The question as to the right of the addressee to stop deliveries is a separate and distinct one. See No. 399, Rowan v. Post Office, post, p. 728.