United States v. Olden Summerfield

Appellant appeals from his conviction for smuggling narcotics into the United States in violation of 21 U.S.C. § 174 , on the ground that the narcotics should not have been admitted into evidence at trial as they were the product of a rectal probe which violated his Fourth Amendment right to be free from unreasonable searches and seizures.

The mere fact that a person crosses the border is sufficient to subject him to a border search of his baggage, vehicle or personal effects. Henderson v. United States, 390 F.2d 805, 808 (9th Cir. 1967). To require a person to disrobe and submit to a skin search requires “at least a real suspicion, directed specifically to that person” that he is smuggling contraband across the border. Henderson, supra at 808 . Because “ [t] he integrity of an individual’s person is a cherished value of our society”, an intrusion into an individual’s body requires a “clear indication” that desired evidence will be found. Schmerber v. California, 384 U.S. 757, 772, 770 , 86 S.Ct. 1826, 1836 , 16 L.Ed.2d 908 (1966). This standard was applied to rectal probes in Rivas v. United States, 368 F.2d 703, 710 (9th Cir. 1966), cert. denied 386 U.S. 945 , 87 S.Ct. 980 , 17…