Torres v. Puerto Rico
Encyclopedia
Torres v. Puerto Rico, , was a United States Supreme Court case holding that the Fourth Amendment
guarantee against unreasonable search and seizure applies to Puerto Rico
.
Terry Torres, a resident of Florida, flew from Miami to San Juan
. Upon arriving at Luis Muñoz Marín International Airport
(then known as Isla Verde Airport) in San Juan, police officers noticed that Torres was nervous. Pursuant to Public Law 22, they searched his bags and discovered an ounce of marijuana and $250,000 in cash. After a conviction in a criminal trial, he was sentenced one to three years' imprisonment.
, where he alleged that Public Law 22 violated the Fourth Amendment
of the United States Constitution
, which protects against unreasonable searches and seizures by law enforcement officials. Public Law 22 as written did not require that police show probable cause
before initiating a search or seizure.
Only seven of the eight justices of the Court heard the appeal. Four justices argued that Public Law 22 was unconstitutional, while three would have held that it was constitutional; there was thus no majority opinion of the court. But under Article V, § 4 of the Constitution of Puerto Rico
, a majority was required to hold any law unconstitutional. Thus the plurality opinion was not controlling, and the conviction of the lower court was affirmed.
held the law unconstitutional. In the Opinion of the Court, authored by Chief Justice Burger
, the substance of the Fourth Amendment guarantee against unreasonable searches and seizures was held to apply in full force to Puerto Rico.
Although the Insular Cases
had established that the Constitution does not wholly apply to territories, Burger cited Mullaney v. Anderson, , for the proposition that the Congress had the authority to extend greater constitutional protections to a territory than would otherwise apply. The Congress had, in 1952, authorized Puerto Rico to write its own constitution, which included language identical to the Fourth Amendment. Burger also noted that the Court had applied other federal constitutional protections, such as free speech and due process, to Puerto Rico. Burger's opinion leaves explicitly undecided whether the Fourth Amendment here applied directly, or through the Due Process Clause of the Fourteenth Amendment.
Here, the fact that a federal guarantee against unreasonable search and seizure existed was crucial. If the guarantee had been only under the Puerto Rican Constitution, there would have been no federal question, and thus no jurisdiction in the US Supreme Court.
Having found the protection against unreasonable search and seizure applicable, Burger held that Public Law 22 was facially unconstitutional. It did not require probable cause before a search was initiated. The Court then dismissed Puerto Rico's contention that probable cause was not required because the search was conducted at an airport and on an island, where the border was international except as to United States citizens. Burger noted that both Hawaii and Alaska, which were states, were also geographically isolated from the rest of the United States, but only federal officials were authorized to make searches—and then only of international travelers. This authority to search was derived from inherent sovereign authority to control who comes and goes into the country, but Puerto Rico lacked such sovereign authority, just as would a state.
In a brief concurrence in the judgment, Justice Brennan
argued that any implicit limits from the Insular Cases
on the basic rights granted by the Constitution (including especially the Bill of Rights
) were anachronistic in the 1970s.
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
guarantee against unreasonable search and seizure applies to Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
.
Facts
In 1975, Puerto Rico had passed a law authorizing police to search luggage of passengers arriving from the mainland United States:Terry Torres, a resident of Florida, flew from Miami to San Juan
San Juan, Puerto Rico
San Juan , officially Municipio de la Ciudad Capital San Juan Bautista , is the capital and most populous municipality in Puerto Rico, an unincorporated territory of the United States. As of the 2010 census, it had a population of 395,326 making it the 46th-largest city under the jurisdiction of...
. Upon arriving at Luis Muñoz Marín International Airport
Luis Muñoz Marín International Airport
Luis Muñoz Marín International Airport is a joint civil-military public airport located in Carolina, Puerto Rico, three miles southeast of San Juan. Over 4 million passengers board a plane at the airport per year according to FAA reports . It is owned and managed by the Puerto Rico Ports...
(then known as Isla Verde Airport) in San Juan, police officers noticed that Torres was nervous. Pursuant to Public Law 22, they searched his bags and discovered an ounce of marijuana and $250,000 in cash. After a conviction in a criminal trial, he was sentenced one to three years' imprisonment.
Supreme Court of Puerto Rico
Torres appealed his conviction to the Supreme Court of Puerto RicoSupreme Court of Puerto Rico
The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the...
, where he alleged that Public Law 22 violated the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, which protects against unreasonable searches and seizures by law enforcement officials. Public Law 22 as written did not require that police show probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
before initiating a search or seizure.
Only seven of the eight justices of the Court heard the appeal. Four justices argued that Public Law 22 was unconstitutional, while three would have held that it was constitutional; there was thus no majority opinion of the court. But under Article V, § 4 of the Constitution of Puerto Rico
Constitution of Puerto Rico
The Constitution of the Commonwealth of Puerto Rico is the controlling government document of the Commonwealth of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive...
, a majority was required to hold any law unconstitutional. Thus the plurality opinion was not controlling, and the conviction of the lower court was affirmed.
U.S. Supreme Court
On appeal, the U.S. Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held the law unconstitutional. In the Opinion of the Court, authored by Chief Justice Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
, the substance of the Fourth Amendment guarantee against unreasonable searches and seizures was held to apply in full force to Puerto Rico.
Although the Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
had established that the Constitution does not wholly apply to territories, Burger cited Mullaney v. Anderson, , for the proposition that the Congress had the authority to extend greater constitutional protections to a territory than would otherwise apply. The Congress had, in 1952, authorized Puerto Rico to write its own constitution, which included language identical to the Fourth Amendment. Burger also noted that the Court had applied other federal constitutional protections, such as free speech and due process, to Puerto Rico. Burger's opinion leaves explicitly undecided whether the Fourth Amendment here applied directly, or through the Due Process Clause of the Fourteenth Amendment.
Here, the fact that a federal guarantee against unreasonable search and seizure existed was crucial. If the guarantee had been only under the Puerto Rican Constitution, there would have been no federal question, and thus no jurisdiction in the US Supreme Court.
Having found the protection against unreasonable search and seizure applicable, Burger held that Public Law 22 was facially unconstitutional. It did not require probable cause before a search was initiated. The Court then dismissed Puerto Rico's contention that probable cause was not required because the search was conducted at an airport and on an island, where the border was international except as to United States citizens. Burger noted that both Hawaii and Alaska, which were states, were also geographically isolated from the rest of the United States, but only federal officials were authorized to make searches—and then only of international travelers. This authority to search was derived from inherent sovereign authority to control who comes and goes into the country, but Puerto Rico lacked such sovereign authority, just as would a state.
In a brief concurrence in the judgment, Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
argued that any implicit limits from the Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
on the basic rights granted by the Constitution (including especially the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
) were anachronistic in the 1970s.