United States v. Gerritt Johannes Van Leeuwen

414 F.2d 758 UNITED STATES of America, Appellee, v. Gerritt Johannes VAN LEEUWEN, Appellant. No. 23449. United States Court of Appeals Ninth Circuit. May 29, 1969. Certiorari Granted Oct. 27, 1969. 1 Craig G. Davis (argued), Bellingham, Wash., for appellant. 2 William H. Rubidge (argued), Asst. U.S. Atty., Eugene G. Cushing, U.S. Atty., Seattle, Wash., for appellee. 3 Before CHAMBERS and KOELSCH, Circuit Judges, and 1 SOLOMON, district judge. SOLOMON, District Judge: 4 Gerritt Johannes Van Leeuwen was convicted of illegally importing gold coins into the United States in violation of 18 U.S.C. 545. He asserts the post office violated the Fourth Amendment when it detained two first class packages without a warrant. He also asserts an affidavit in support of a search warrant was insufficient. We reverse on the basis of Appellant's first claim. 5 On March 28, 1968, at about 1:30 P.M., Appellant mailed two twelve-pound packages at the post office in Mount Vernon, Washington. He sent both packages by first class mail and insured each for $10,000. Appellant told the postal clerk that the packages contained coins. As Appellant was leaving the post office, the clerk told Captain Belgard of…

Gerritt Johannes Van Leeuwen was convicted of illegally importing gold coins into the United States in violation of 18 U.S.C. § 545 . He asserts the post office violated the Fourth Amendment when it detained two first class packages without a warrant. He also asserts an affidavit in support of a search warrant was insufficient. We reverse on the basis of Appellant’s first claim.

On March 28, 1968, at about 1:30 P. M., Appellant mailed two twelve-pound packages at the post office in Mount Vernon, Washington. He sent both packages by first class mail and insured each for $10,000. Appellant told the postal clerk that the packages contained coins. As Appellant was leaving the post office, the clerk told Captain Belgard of the Mount Vernon police that he was suspicious of the packages. Captain Belgard noticed that Appellant’s car had British Columbia license plates and that the return address on the packages was a vacant housing area of a neighboring junior college.

Captain Belgard called Sergeant McKenzie of the Canadian police, who, in turn, called R. J. O’Hearn, Customs Officer-in-charge at Seattle, Washington. At about 3:00 P.M. O’Hearn called the Customs office in Van Nuys,…

(concurring):

I think I am as sensitive as anyone to the Fourth Amendment in protecting one’s person and one’s home. But the detention of Van Leeuwen’s “hot money” at the post office for 29 hours does not offend me very much. Someone in the post office holds up much of my mail over 29 hours.

I concur in the reversal only because I think precedent, which we must follow, requires us to reverse.