541 U.S. 149 (2004)
Manuel Flores-Montano, driving a 1987 Ford Taurus station wagon, attempted to enter the United States at the Otay Mesa Port of Entry in southern California.1 A customs inspector conducted an inspection of the station wagon and requested that Flores-Montano leave the vehicle, after which the car was taken to a secondary inspection station.2
At the secondary station, a second customs inspector tapped the gas tank and noted that it sounded solid.3 The inspector then requested a mechanic under contract with Customs to come to the border station.4 The mechanic arrived within 20 to 30 minutes, raised the car on a hydraulic lift, loosened the straps, unscrewed the bolts holding the gas tank to the undercarriage, and disconnected some hoses and electrical connections.5
After the gas tank was removed, the inspector hammered off bondo from the top of the tank, opened an access plate underneath, and found 37 kilograms of marijuana bricks.6 The removal and inspection process took 15 to 25 minutes.7
A grand jury for the Southern District of California indicted Flores-Montano on one count of unlawfully importing marijuana in violation of 21 U.S.C. § 952.8 Flores-Montano was also charged with one count of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Flores-Montano filed a motion to suppress the marijuana recovered from the gas tank, relying on a Ninth Circuit precedent that required reasonable suspicion for removal of a gas tank.9
The Government advised the District Court that it was not relying on reasonable suspicion but believed the precedent was wrongly decided.10 The District Court granted the suppression motion, the Court of Appeals summarily affirmed, and the Supreme Court granted certiorari.11
Whether the Fourth Amendment requires reasonable suspicion for customs officials to remove, disassemble, and reassemble a vehicle's fuel tank during a border search?12
Searches at the border are reasonable simply by virtue of the fact that they occur at the border, and this principle extends to the removal, disassembly, and reassembly of a vehicle's fuel tank without the need for reasonable suspicion.13
No. Manuel Flores-Montano drove a 1987 Ford Taurus station wagon to the Otay Mesa Port of Entry in southern California in an attempt to enter the United States.14
At the secondary station, a second customs inspector tapped the gas tank and noted that it sounded solid. The inspector requested a mechanic under contract with Customs, who arrived within 20 to 30 minutes, raised the car on a hydraulic lift, loosened the straps and unscrewed the bolts holding the gas tank, and disconnected hoses and electrical connections to remove the tank.15
After removal, the inspector hammered off bondo from the top of the gas tank, opened an access plate, and found 37 kilograms of marijuana bricks.16 The process took 15 to 25 minutes.17
The rule that no suspicion is required applies because the search took place at the border where the government's interest is paramount, and the procedure did not cause serious damage to the vehicle.18
The Fourth Amendment does not require reasonable suspicion for the gas tank search conducted at the border in this case.19
Related opinions on this issue
Justice Breyer joined the Court's opinion in full, agreeing that the Fourth Amendment does not require reasonable suspicion for the removal and disassembly of a vehicle's fuel tank at the border.20 He further emphasized an important administrative safeguard. Customs maintains detailed records of the border searches its agents perform, including the specific reasons supporting each search.21
In Justice Breyer's view, this tracking mechanism provides an effective means to monitor the conduct of searches and thereby minimize the potential for gas tank searches to be carried out in an abusive manner.22