LOCATION: Perry Township Metropolitan School District
DOCKET NO.: 81-1843
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: State appellate court
CITATION: 463 US 765 (1983)
ARGUED: Mar 30, 1983
DECIDED: Jul 05, 1983
Patrick G. Reardon - on behalf of the Respondent
Richard A. Devine - on behalf of the Petitioner
Facts of the case
Media for Illinois v. Andreas
Audio Transcription for Oral Argument - March 30, 1983 in Illinois v. Andreas
Warren E. Burger:
We'll hear argument next in Illinois versus Andreas.
Mr. Devine, you may proceed whenever you're ready.
Richard A. Devine:
Mr. Chief Justice and may it please the Court:
The issue presented by this case is whether law enforcement officials must obtain a search warrant after a controlled delivery has been made to Respondent following a lawful customs search revealing marijuana within the container delivered.
The essential facts are as follows.
On February 21st, 1979, a customs agent stationed at O'Hare International Airport inspected a shipment from Calcutta, India, to Respondent consignee.
He did this in a customs bonded area.
The container inspected was sheet metal, approximately four feet square and 12 to 18 inches thick.
There were two locks affixed to the container, which the customs agent opened by keys which were accompanying the airline documents.
Inside the container he found a table top approximately three feet in diameter and eight to ten inches thick.
He removed the table from the container and drilled several holes in it, removing from inside a substance, which he field tested and found to be marijuana.
He then contacted agents of the Drug Enforcement Administration.
Soon thereafter DEA Agent Labek arrived at O'Hare Airport.
He saw both the table and the container in the customs bonded area.
He also performed his own field test on contents from the table top, which again showed marijuana.
On February 22nd, the next day, DEA Agent Labek picked up the container, which had been resealed at that time, from the customs area at O'Hare.
He was dressed as a delivery man and took the table and the container to 61 East Goethe Street in Chicago, Illinois, the address of Respondent given on the airline documents.
There he met officers of the Chicago Police Department, including Police Officer Wayne Lipsek, who was also dressed as a delivery man.
Agent Labek met an individual in the apartment building at that address who identified himself as Respondent.
The two walked outside and met Officer Lipsek.
While they were unloading the container from the back of the van, Respondent noted that there was a table top inside and that he had helped pack it.
The three carried the container into the apartment building and took it to the second floor.
Respondent directed the officers to leave the container in the hallway immediately outside his apartment.
They did so.
After leaving the container outside the apartment, they went around the corner and observed Respondent take the container inside the apartment.
While Officer Lipsek left to obtain a state search warrant, Agent Labek maintained surveillance within the apartment building.
Soon after Respondent took the container into the apartment, Agent Labek saw him come out of the apartment, go to a window in the hallway, look to the side and look down, turn and go back into the apartment.
Approximately 30 to 45 minutes later, Respondent came out of the apartment with the container.
At that time he was arrested.
Agent Labek was present at time time of the arrest and Agent Labek later testified that the container with Respondent at that time was the same container that had been delivered to him.