Can Customs Officials Disassemble Vehicles at the Border Without Reasonable Suspicion?
United States v. Flores-Montano Docket No. 02-1794 From: The Ninth Circuit Case at a Glance The Fourth Amendment to the U.S. Constitution prohibits “unreasonable” searches and seizures. The Supreme Court has determined that U.S. customs officials have very broad authority to conduct routine searches at our borders. However, the Court has also ruled that for non-routine searches, the applicable standard for constitutional purposes is “reasonable suspicion.” This case asks whether customs officials must have a reasonable suspicion that a vehicle’s gas tank is concealing contraband before they can disassemble and search it. • Previewed by David L. Hudson, Jr., a Tennessee attorney and regular contributor to Preview and other legal publications.
