BLARDONY

If a customs agent violates an administrative regulation by conducting a random search of mail from a foreign country, does the exclusionary rule require suppression of contraband found in the package? No; the United States Constitution does not prohibit random border searches of incoming international mail, nor is there any legislative provision for the exclusion of evidence recovered by customs agents in this manner. Therefore, such evidence is admissible in California courts.

After his motion to suppress evidence was denied, Mauro Miguel Blardony pleaded no contest to a charge of possessing methamphetamine for sale, while personally armed with a firearm. On appeal, he renews his claims that the evidence against him was illegally obtained and should have been suppressed. We affirm the judgment.

Background

On March 26, 1997, a customs inspector randomly opened and searched a Federal Express package from the Philippines addressed to “Miguel Blardony” at an apartment in Daly City. The commercial invoice stated the package contained a karaoke tape of children and family pictures. However, the inspector discovered a crystalline substance inside. A “presumptive test” on…