[1] In 1975, Puerto Rico had passed a law authorizing police to search luggage of passengers arriving from the mainland United States: The Police of Puerto Rico is hereby empowered and authorized to inspect the luggage, packages, bundles, and bags of passengers and crew who land in the airports and piers of Puerto Rico arriving from the United States; to examine cargo brought into the country, and to detain, question, and search those persons whom the Police have ground to suspect of illegally carrying firearms, explosives, narcotics, depressants or stimulants or similar substances.Terry Torres, a resident of Florida, flew from Miami to San Juan.
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.
Burger also noted that the Court had applied other federal constitutional protections, such as free speech and due process, to Puerto Rico.
Having found the protection against unreasonable search and seizure applicable, Burger held that Public Law 22 was facially unconstitutional.
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.