Posters 'N' Things, LTD., et al. v. United States (511 U.S. 513)

U.S. Supreme Court · decided May 23, 1994 · Supreme Court Database (Spaeth)

Citation
511 U.S. 513 · 114 S. Ct. 1747
Decided
May 23, 1994
Term
October Term 1993
Vote
9–0
Majority author
Justice Blackmun
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Blackmun delivered the opinion of the Court. In this case we must address the scienter requirement of the Mail Order Drug Paraphernalia Control Act, Pub. L. 99-570, Tit. I, §1822, 100 Stat. 3207-51, formerly codified, as amended, at 21 U. S. C. § 857, and the question whether the Act is unconstitutionally vague as applied to petitioners. I In 1977, petitioner Lana Christine Acty formed petitioner Posters ‘N’ Things, Ltd. (Posters), an Iowa corporation. The corporation operated three businesses, a diét-aid store, an art gallery, and a general merchandise outlet originally called “Forbidden Fruit,” but later renamed “World Wide Imports.” Law enforcement authorities received complaints that the merchandise outlet was selling drug paraphernalia. Other officers investigating drug cases found drug diluents (chemicals used to “cut” or dilute illegal drugs) and other drug paraphernalia that had been purchased from Forbidden Fruit. In March 1990, officers executed warrants to search petitioners’ business premises and Acty’s residence. They seized various items, including pipes, bongs, scales, roach clips, and drug diluents including mannitol and inositol. The officers also seized cash, business records, and catalogs and advertisements describing products sold by petitioners. The advertisements offered for sale such products as “Coke Kits,” “Free Base Kits,” and diluents sold…

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