Abel v. United States (1959)
- Docket
- 2
- Decided
- 1959-01-01
- Category
- General
Summary
Question: Was Abel properly arrested pursuant to an administrative Immigration and Naturalization Service warrant despite an overlapping FBI investigation for espionage? Were the Fourth and Fifth Amendments violated when the United States searched and seized evidence from Abel while he was in custody pursuant to an INS warrant? Conclusion: Yes, no. In a 5-4 decision written by Justice Felix Frankfurter, the Court held that the INS properly arrested Abel even though the FBI suspected him of espionage. Justice Frankfurter noted that the INS was simultaneously investigating Abel’s status in the United States and that it indeed commenced deportation proceedings against him. While acknowledging both that the INS delayed its arrest of Abel and that the FBI searched Abel’s room immediately after INS agents’ search, he did not consider this to be sufficient evidence of unreasonable “bad faith” cooperation between the INS and FBI. He argued that the government had two available ways of dealing with a criminally suspect deportable alien and simply chose to detain Abel for potential deportation first. Justice Frankfurter also held that the items seized by both the INS and the FBI were properly introduced into evidence at trial. He could discern no constitutional reason to limit the search for materials proving the deportability of a validly arrested alien more than the Constitution limits the search for materials probative of a crime. Noting that INS agents had to apply to the District Director of the INS for a warrant, Justice Frankfurter argued that the differences in procedural protection between criminal and deportation arrests were not of constitutional significance. Justice William Douglas dissented, joined by Justice Hugo Black. He warned against allowing administrative officers such as INS agents to enter people’s homes without warrants, especially when the invasion is a front for a criminal investigation. Justice Douglas argued that the FBI were clearly the moving force behind Abel’s arrest and the search of his hotel room, noting that the FBI made no effort during the investigation to obtain a search warrant despite having plenty of time to do so. Justice William Brennan dissented, joined by Chief Justice Earl Warren, Justice Hugo Black, and Justice William Douglas. While acknowledging that Congress’ power over aliens may be great and that deportation may be described as a civil remedy, he rejected the majority’s notion that the fruits of a deportation warrant may be used in a criminal trial. He noted that there was no independent inquiry over the circumstances of the arrest and seizure, given that only a superior INS officer approved the deportation warrant. Justice Brennan argued that such an administrative search can never be reasonable under the Fourth Amendment.