For Your Data United States V. Flores-Montano Representative Brief

United States v. Flores-Montano illustration brief summary
541 U.S. 149 (2004)

CASE SYNOPSIS

Customs officials seized 37 kilograms of marijuana from defendant's gas tank at the international border. Influenza A virus subtype H5N1 grand jury indicted accused of unlawfully importing marijuana as well as of possession of marijuana alongside intent to distribute. Defendant moved to suppress the marijuana. The district courtroom granted the motion. The U.S. Court of Appeals for the Ninth Circuit affirmed. The U.S. Supreme Court granted certiorari.

PROCEDURAL HISTORY

• The appellate courtroom held that the Fourth Amendment forbade the fuel tank search absent reasonable suspicion. 

DISCUSSION

• The Supreme Court constitute that complex balancing tests to stimulate upward one's hear what was a "routine" search of a vehicle, equally opposed to a to a greater extent than "intrusive" search of a person, had no house inwards edge searches of vehicles. 
• Searches made at the edge were reasonable only past times virtue of the fact that they occurred at the border. 
• It was hard to imagine how the search of a gas tank, which should accept been only a repository for fuel, could accept been to a greater extent than of an invasion of privacy than the search of the automobile's rider compartment. 
• A gas tank search involved a brief physical care for that could accept been reversed without damaging the security or functioning of the vehicle. 
• While the interference alongside a motorist's possessory involvement was non insignificant when the U.S. removed, disassembled, as well as reassembled his gas tank, it soundless was justified past times the United States' paramount involvement inwards protecting the border. 
• The United States' say-so to ship suspicionless inspections at the edge included the say-so to remove, disassemble, as well as reassemble a vehicle's fuel tank.

CONCLUSION

The judgment was reversed, as well as the illustration was remanded for farther proceedings.

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