4th Amendment....pshaw!

Supreme Court OKs Gas Tank Border Searches



March 30, 2004, 9:41 AM CST

WASHINGTON -- The Supreme Court ruled unanimously Tuesday that government agents can search and even dismantle a car's gas tank as part of drug and other smuggling interdiction at the nation's borders.

Border officers can randomly search gas tanks, despite the absence of specific indication that a particular car is suspect, the high court said. People crossing the border have less expectation of privacy than elsewhere, and searching the inner reaches of a car is not the same thing as a strip search or other intrusive search of the driver, Chief Justice William H. Rehnquist wrote for the court.

"The government's interest in preventing the entry of unwanted persons and effects is at its zenith at the international border," Rehnquist wrote.

A federal appeals court in California had said that officers can visually inspect gas tanks, but not dismantle them unless they have reason to suspect wrongdoing.

Critics, including the White House, had argued that the lower court decision would make it easier to sneak weapons, drugs and even people into America. Lawyers on the other side argued that it's unconstitutionally intrusive and potentially hazardous for vehicles to be taken apart at border stops.

The Supreme Court ruled in the case of Manuel Flores-Montano, whose station wagon was searched at the Otay Mesa Port in California in February 2002. After a mechanic removed the gas tank, officers found 37 kilograms of marijuana bricks.

The 9th Circuit Court of Appeals said that the government could not use the marijuana as evidence because the search was unconstitutional.

The Fourth Amendment protects people from unreasonable searches and seizures, but the Supreme Court has carved out numerous exceptions.

The case is United States v. Flores-Montano, 02-1794.
Copyright © 2004, The Associated Press

While I certainly do not condone smuggling marijuana, I have to say Big brother sucks. The line for clearing customs from Victoria-Friday Harbor-Anacortes has been running one hour lately, even for those of us who get on the ferry in the US. In fact, we load at the back, so we get the longest wait.

Now, we get random searches and security cameras even if we are just travelling from one island to another:

"Washington State Ferry passengers won't be subjected to airport-style searches before boarding ferries. The U.S. Coast Guard will allow WSF to implement an alternate security program instead which focuses on random searches and security cameras.

WSF Director of Operations Mike Anderson said, "The focus is on the shore side. Obviously we would like to catch them before they board the ferry."

Security cameras will be installed in all areas where the public congregates. Areas not open to the public will be clearly marked and the doors locked. There will be some cameras on the ferries. The cameras will be monitored by Washington State Patrol. Officers will be sent immediately if any trouble is observed. In the islands, WSP will call the county's sheriff's office.

Canines trained to sniff out explosives will be used sometimes to check out vehicles. The checks will be done on a random basis. The enhanced security measure go into effect July 1, 2004. The state legislature allocated funds to cover the costs."

There goes my brilliant gas smuggling scheme.

One of the exceptions of the warrant requirement under the 4th are the "Borders"....the US has a significant interest in protecting the country at them.

As a Bar Exam veteran...

Cops don't need a warrant if they have probable cause, or witness you committing a crime/felony...whether in your car or not.

When driving if they see your tail-light is out, they pull you over, if they see "dope" or whatever, they now have probable cause to search the entire car for "dope." If you can't find your registration they can even look in places that people normally put it...ie the glove box. Bottom line, you have a less expectation of privacy in your car because it is easily movable. The moral of the story, make sure your brake lights etc are functional and know where you registration/insurance is located.

Also...no warrant needed if: (basically less expectation of privacy)

Beaches
Exigent Cirumstances (to maintain evidence)
Airports
Consent (you let the cop search even when you don't have to)
Hot Pursuit of a crime
Plain View (Items in...)
Auto-searches (weapons-wingspan rule) if has PC whole car even containers
Search incident to arrest
Stop and frisk (reasonable suspicion of crime)

But even without these...they can use a good faith reliance on the warrant, inevitable discovery, or the independent source rule.

Fun stuff huh?

Quote:

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Originally posted by truth

The Supreme Court ruled in the case of Manuel Flores-Montano, whose station wagon was searched at the Otay Mesa Port in California in February 2002. After a mechanic removed the gas tank, officers found 37 kilograms of marijuana bricks.

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Call me naive, but I'm thinking that they had to have a pretty good suspiscion that there was something in the gas tank. My thinking would be that they normally don't have a mechanic hanging around the border taking off gas tanks.

Me thinks that there is some part of the "whole story" we are not seeing here.

Just one more 'small' ruling in an overall agenda to suspend Constitutional rights in the US, which could eventually lead to the disintegration of more obscure things like 'human rights'.
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What's next? A Supreme Court ruling that because you are suspected to be a pot smoker, you can be detained, your home searched, maybe jailed indefinitely because this suspicion would mean you support TERRORISM????
/
Presented logically, smoking pot would land you just a few spots down the flow chart from bin Laden, even if you got it from Manuel.

In the words of my favorite band:

Everybody move to Canada and smoke lots of pot.
Everybody move to Canada right now. Here's how we do it:
Bum rush the border guard before he and his dog ever knew it.

Quote:

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Originally posted by teledave
Call me naive, but I'm thinking that they had to have a pretty good suspiscion that there was something in the gas tank. My thinking would be that they normally don't have a mechanic hanging around the border taking off gas tanks.

Me thinks that there is some part of the "whole story" we are not seeing here.

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Yep, I think so too. That is 81.5 pounds. I'm no border patrol agent, but that can't be that easy to hide.

I know a wrench turner who should move to the border and be a mechanic who "drops" gas tanks. :D

On a side note, Nascar has come out with a scale system that can tell you the weight distribution of the vehicle for helping the steering of the car. Wonder if we may see these at the borders anytime soon, kinda like Port of Entry for truckers?

Skier 666, Beaches even??? Damn.