Shenandoah Rachel Morales v. United States, 406 F.2d 1298 (9th Cir. 1969). · Go Syfert
Shenandoah Rachel Morales v. United States, 406 F.2d 1298 (9th Cir. 1969). Cases Citing This Book View Copy Cite
23 citation events across 5 distinct courts.
Strongest positive: United States v. Christine Sieko Mastberg (ca9, 1974-09-19)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Christine Sieko Mastberg
9th Cir. · 1974 · confidence medium
In Rivas v. United States, 368 F.2d 703, 710 (9th Cir. 1966), cert. denied, 386 U.S. 945 , 87 S.Ct. 980 , 17 L.Ed.2d 875 (1967), we described a body-cavity search as “a search involving an intrusion beyond the body’s surface . . . .” In Henderson v. United States, 390 F.2d 805, 808 (9th Cir. 1967), we said that “if in the course of the search of a woman there is to be a requirement that she manually open her vagina for visual inspection to see if she has something concealed there, we think that we should require more than a mere suspicion.” And in Morales v. United States, 406 F.2d 1…
discussed Cited "see" Jones v. Edwards
8th Cir. · 1985 · signal: see · confidence high
See abo Morales v. United States, 406 F.2d 1298, 1299 (9th Cir.1969) (vaginal search at border was improper absent "clear indication appellant was possessing narcotics’’); Huguez v. United States, 406 F.2d 366, 378-79 (9th Cir.1968) (intrusive rectal search at border was improper absent “clear indication” or "plain suggestion” that Huguez carried narcotics in his rectal cavity); People v. Seymour, 398 N.E.2d 1191, 1197 , 80 Ill.App.3d 221 , 35 Ill.Dec. 241 (1979) (strip search invalidated under Illinois’ constitutional provision similar to fourth amendment).
discussed Cited "see" United States v. Kenneth Malcolm Cameron (2×)
9th Cir. · 1976 · signal: see · confidence high
See Morales v. United States, 406 F.2d 1298 , 1300 n. 2 (9th Cir. 1969).
discussed Cited "see, e.g." Jones v. Edwards
8th Cir. · 1985 · signal: see also · confidence medium
See also Morales v. United States, 406 F.2d 1298, 1299 (9th Cir.1969) (vaginal search at border was improper absent "clear indication appellant was possessing narcotics"); Huguez v. United States, 406 F.2d 366, 378-79 (9th Cir.1968) (intrusive rectal search at border was improper absent "clear indication" or "plain suggestion" that Huguez carried narcotics in his rectal cavity); People v. Seymour, 398 N.E.2d 1191, 1197 , 80 Ill.App.3d 221 , 35 Ill.Dec. 241 (1979) (strip search invalidated under Illinois' constitutional provision similar to fourth amendment).
discussed Cited "see, e.g." United States v. Montoya De Hernandez (2×)
SCOTUS · 1985 · signal: see also · confidence medium
See also United States v. Holtz, 479 F. 2d, at 94 (Ely, J., dissenting); Blefare v. United States, 362 F. 2d 870, 880 (CA9 1966) (Ely, J., dissenting). [23] The Fourth Amendment provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." [24] LaFave, Administrative Searches and the Fourth Amendment: The Camara and…
cited Cited "see, e.g." United States v. Jose Guadalupe-Garza
9th Cir. · 1970 · signal: compare · confidence low
Compare United States v. Castle (9th Cir. 1969) 409 F.2d 1347 with Morales v. United States (9th Cir. 1969) 406 F.2d 1298 . 4 .
Retrieving the full opinion text from the archive…
Shenandoah Rachel MORALES, Appellant,
v.
UNITED STATES of America, Appellee
22656_1.
Court of Appeals for the Ninth Circuit.
Feb 4, 1969.
406 F.2d 1298
Norman J. Kaplan (argued), Los An-geles, Cal., for appellant., Phillip W. Johnson (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.
Merrill, Duniway, Crary.
Cited by 16 opinions  |  Published
MERRILL, Circuit Judge:

Appellant was convicted of importation and concealing of heroin and cocaine in violation of 21 U.S.C. §§ 173 and 174 on the basis of narcotics secured as the result of a border search of her vagina. She has taken this appeal from judgment. The question is whether, under the circumstances of this case, the search was reasonable. [1] We conclude that it was not and that appellant’s motion to suppress the heroin should have been granted.

The preliminary search of appellant’s person was made by a woman customs clerk. Appellant was made to disrobe. She was made to bend over and expose her vaginal area. Something “sort of like a bubble” as observed protruding from the vagina. She was then taken to a physician who, from examination of her eyes and limbs, found no indication that she was under the influence of narcotics or had been a user. The vaginal search followed, revealing three packets of heroin and one of cocaine.

Rivas v. United States, supra, footnote 1, recognizes that to justify a border search of body cavities there must be a “clear indication” or “plain suggestion” that narcotics are being smuggled. Henderson v. United States, supra, footnote 1, makes it clear that when the cavity to be searched is a vagina, the search commences with the visual inspection[*1300] and the “clear indication” must exist at that time.

“Surely, to require such a performance [exposure for inspection] is a serious invasion of personal privacy and dignity, and so unlawful if ‘unwarranted’. Surely, in such a case, to be warranted, the official’s action should be backed by at least the ‘clear indication’, the ‘plain suggestion’, required in [Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966)] and in [Rivas v. United States, 368 F.2d 703 (9th Cir. 1966)]” 390 F.2d 808.

In this case, then, the doctor’s probing of the vagina cannot be justified on the basis of what was disclosed by the vaginal inspection unless, prior to the inspection, there was a clear indication that appellant was in the possession of narcotics. Such an indication was lacking here. [2] ***** [2]

The physical examination of appellant had revealed no indication that she was a narcotics user or was then under the influence of narcotics. Customs agents had no information relating appellant herself to narcotics or narcotics dealers. The sole information on the basis of which the border agents acted was the fact, disclosed by an informer, that the car in which appellant rode across the border as a passenger had been observed earlier in the day parked in the driveway of the home of the lieutenant of a known dealer in narcotics. The informer testified he had never before seen the car in tliat driveway. No one was observed operating the car or entering or leaving either the car or the house.

From these facts one might suspect that the car’s presence in the driveway related to narcotics and not to legitimate social or commercial intercourse. One might suspect that anyone later found riding in the car was the unseen person engaged in the suspected activity. The facts, however, give rise to no clear indication as to any transaction or any person.

Judgment reversed.

1

. What comprises a reasonable border search when dealing with body cavities is a question that has received examination in several recent decisions of this court. Huguez v. United States, 406 F.2d 366 (9th Cir. 1968) ; Henderson v. United States, 390 F.2d 805 (9th Cir. 1967) ; Rivas v. United States, 368 F.2d 703 (9th Cir. 1966), cert. den. 386 U.S. 945, 87 S.Ct. 980, 17 L.Ed.2d 875 (1967) ; Blefare v. United States, 362 F.2d 870 (9th Cir. 1966).

2

. In Henderson we said: “On the other hand, the record does not show how many women who crossed the border during the samo time were subjected to similar searches as a result of which nothing was found.” In this case we do have such information. Dr. Salerno testified that he had examined the body cavities of some 300 persons during the year before the trial, and had found narcotics in 15 to 20 per cent of them. As we said in Henderson, the other 80 to 85 per cent “are certainly entitled to their dignity and privacy; their interests, too, are to be weighed.” We still do not know how many more were subjected to visual inspection of their body cavities but not thereafter taken to the doctor for probing.