19 C.F.R. § 148.21
Opening of baggage, compartments, or vehicles
A Customs officer has the right to open and examine all baggage, compartments and vehicles brought into the United States under Sections 461, 462, 496 and 582, Tariff Act of 1930, as amended (19 U.S.C. 1461, 1462, 1496, and 1582) and 19 U.S.C. 482. To the extent practical, the owner or his agent shall be asked to open the baggage, compartment or vehicle first. If the owner or his agent is unavailable or refuses to open the baggage, compartment, or vehicle, it shall be opened by the Customs officer. If any article subject to duty, or any prohibited article is found upon opening by the Customs officer, the whole contents and the baggage or vehicle shall be subject to forfeiture, pursuant to 19 U.S.C. 1462.
Notes of Decisions
Cited in 6
cases, 1987–2004 · leading case: United States v. Jaime Uricoechea-Casallas, 946 F.2d 162 (1st Cir. 1991).
United States v. Jaime Uricoechea-Casallas, 946 F.2d 162 (1st Cir. 1991). “19 C.F.R. § 148.21 (a). However, in Franchi-Forlando we specifically held that regulation inapplicable to in-transit passengers.”
United States v. Orlando Franchi-Forlando, 838 F.2d 585 (1st Cir. 1988). “Appellant goes on to discuss customs regulation 19 C.F.R. § 148.21 (a) (1987). It says the following: (a) Customs officers are not to open.”
United States v. JosÉ Amado-nÚÑez, 357 F.3d 119 (1st Cir. 2004). “§§ 1461 , 1496, 1582 (2000); 19 C.F.R. §§ 148.21 , 162.6 (2003); United States v.”
Locks v. Three Unidentified Customs Serv. Agents, 759 F. Supp. 1131 (E.D. Pa. 1990). “Plaintiff argues that the search conducted by the Customs officials is covered by 19 C.F.R. § 148.21 (a). That regulation provides Customs officers shall not open baggage or other containers, nor unlock vehicles or compartments thereof for the purpose of examination, but shall…”
Locks v. British Airways, 759 F. Supp. 1137 (E.D. Pa. 1991). “In particular, plaintiff points to Halpin’s ignorance of 19 C.F.R. § 148.21 , which provides in pertinent part: a) Customs officers shall not open baggage or other containers, nor unlock vehicles or compartments thereof for the purpose of examination, but shall detain them until…”
United States v. Bonfant, 660 F. Supp. 509 (D.P.R. 1987). “Defendants claim nevertheless, that because he was not present during the search of the garment bag, the search violated 19 C.F.R. § 148.21 (1986). Because of this alleged violation, defendant maintains, the search was a fortiori unreasonable and the evidence obtained must be…”
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