United States v. Flores-Montano
Flores-Montano was arrested after a border search that uncovered thirty-seven kilograms of marijuana hidden in the gas tank of his vehicle. He was indicted in a United States district court California on one count of unlawfully importing marijuana and one count of possession with intent to distribute it. Flores-Montano moved to suppress the marijuana evidence, contending that the border search that uncovered the drugs was a "non-routine" border search requiring reasonable suspicion. Relying on United States v. Molina-Tarazon, 279 F.3d 709 (9th Cir. 2002), the district court granted the motion to suppress, holding that the search of the gas tank was "non-routine" and therefore reasonable suspicion was required to justify the search. The Ninth Circuit Court of Appeals affirmed in an unpublished order.
Question Presented:
Whether, under the Fourth Amendment to the United States Constitution, customs officers at the international border must have reasonable suspicion to remove, disassemble, and search a vehicle's
fuel tank for contraband.
Decisions under Review:
United States Court of Appeals for the Ninth Circuit, Unpublished Order Affirming District Court (March 14, 2003). (no public link available)
United States District Court, Southern District of California, Order Suppressing Evidence (June 20,
2002) (Order is reprinted as Appendix B to the United States’ Petition for a Writ of Certiorari).
