UNITED STATES V. FLORES-MONTANO
124 S.Ct. 1582 (2004)
NATURE OF THE CASE: At the international border, customs officials seized 37 kilograms of
marijuana from Flores' (D) gas tank by removing and disassembling the tank. D was indicted
on federal drug charges and moved to suppress the drugs. The District Court granted the
motion, and the Ninth Circuit summarily affirmed. The Supreme Court granted certiorari.
FACTS: D was driving a 1987 Ford Taurus station wagon. D attempted to enter the United
States in southern California. A customs inspector conducted an inspection of the station
wagon. D was requested to leave the vehicle. The vehicle was then taken to a secondary
inspection station. It was discovered that the tank sounded solid. The gas tank was removed
and the agents found 37 kilograms of marijuana bricks. D was indicted on one count of
unlawfully importing marijuana and one count of possession of marijuana with intent to
distribute. D filed a motion to suppress the marijuana recovered from the gas tank. The
District Court held that reasonable suspicion was required to justify the search and,
accordingly, granted D's motion to suppress. The Court of Appeals affirmed. The Supreme
Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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