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United States v. Flores-Montano

United States Supreme Court

541 U.S. 149 (2004)

Relevant factsFree

Manuel Flores-Montano (defendant) was crossing into the United States at the Otay Mesa Port of Entry when a border inspector, noticing the gas tank sounded solid when tapped, had a mechanic remove it and found 37 kilograms of marijuana inside; the whole process took about an hour. Flores-Montano was indicted for importing and possessing marijuana with intent to distribute and moved to suppress the evidence, and the district court granted the motion because the government lacked reasonable suspicion for the search; the Ninth Circuit affirmed, and the government sought Supreme Court review.

IssueFree

Whether reasonable suspicion is required under the Fourth Amendment to search the gas tank of a vehicle entering the United States.

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