montoya
de
hernandez
argued
april
decided
july
upon
arrival
los
angeles
international
airport
flight
bogota
colombia
respondent
detained
customs
officials
examination
passport
contents
valise
questioning
officials
suspected
balloon
swallower
one
attempts
smuggle
narcotics
country
hidden
alimentary
canal
detained
incommunicado
almost
hours
officials
sought
order
authorizing
pregnancy
test
claimed
pregnant
ray
rectal
examination
hours
given
option
returning
colombia
next
available
flight
agreeing
ray
remaining
detention
produced
monitored
bowel
movement
chose
first
option
officials
unable
place
next
flight
refused
use
toilet
facilities
pursuant
order
pregnancy
test
conducted
hospital
proved
negative
rectal
examination
resulted
obtaining
balloons
smuggled
alimentary
canal
subsequently
suppression
hearing
district
admitted
cocaine
evidence
respondent
convicted
various
federal
narcotics
offenses
appeals
reversed
holding
respondent
detention
violated
fourth
amendment
customs
officials
clear
indication
alimentary
canal
smuggling
time
respondent
detained
held
detention
traveler
border
beyond
scope
routine
customs
search
inspection
justified
inception
customs
agents
considering
facts
surrounding
traveler
trip
reasonably
suspect
traveler
smuggling
contraband
alimentary
canal
facts
rational
inferences
known
customs
officials
clearly
supported
reasonable
suspicion
respondent
alimentary
canal
smuggler
pp
fourth
amendment
emphasis
upon
reasonableness
consistent
creation
clear
indication
standard
cover
case
intermediate
standard
reasonable
suspicion
probable
cause
pp
reasonable
suspicion
standard
effects
needed
balance
private
public
interests
law
enforcement
officials
must
make
limited
intrusion
less
probable
cause
thus
fits
well
situations
involving
alimentary
canal
smuggling
border
type
smuggling
gives
external
signs
inspectors
rarely
possess
probable
cause
arrest
search
yet
governmental
interests
stopping
smuggling
border
high
pp
circumstances
respondent
detention
long
uncomfortable
humiliating
unreasonably
long
alimentary
canal
smuggling
detected
amount
time
illegal
activity
may
investigated
brief
stops
respondent
refused
ray
alternative
simply
awaiting
bowel
movement
customs
inspectors
left
two
practical
alternatives
detain
time
necessary
confirm
suspicions
turn
loose
interior
country
carrying
reasonably
suspected
contraband
drugs
moreover
length
respondent
detention
discomfort
resulted
solely
method
chose
smuggle
illicit
drugs
country
presence
articulable
suspicion
alimentary
canal
smuggling
customs
officials
required
fourth
amendment
pass
respondent
balloons
interior
pp
rehnquist
delivered
opinion
burger
white
blackmun
powell
joined
stevens
filed
opinion
concurring
judgment
post
brennan
filed
dissenting
opinion
marshall
joined
post
deputy
solicitor
general
frey
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
trott
john
de
pue
peter
horstman
appointment
argued
cause
respondent
brief
janet
levine
justice
rehnquist
delivered
opinion
respondent
rosa
elvira
montoya
de
hernandez
detained
customs
officials
upon
arrival
los
angeles
airport
flight
bogota
colombia
found
smuggling
balloons
alimentary
canal
convicted
bench
trial
various
federal
narcotics
offenses
divided
panel
appeals
ninth
circuit
reversed
convictions
holding
detention
violated
fourth
amendment
constitution
customs
inspectors
clear
indication
alimentary
canal
smuggling
time
detained
conflict
decisions
courts
appeals
question
importance
resolution
enforcement
customs
laws
granted
certiorari
reverse
respondent
arrived
los
angeles
international
airport
shortly
midnight
march
avianca
flight
direct
flight
bogota
colombia
visa
order
passed
immigration
proceeded
customs
desk
customs
desk
encountered
customs
inspector
talamantes
reviewed
documents
noticed
passport
made
least
eight
recent
trips
either
miami
los
angeles
talamantes
referred
respondent
secondary
customs
desk
questioning
desk
talamantes
another
inspector
asked
respondent
general
questions
concerning
purpose
trip
respondent
revealed
spoke
english
family
friends
explained
spanish
come
purchase
goods
husband
store
bogota
customs
inspectors
recognized
bogota
source
city
narcotics
respondent
possessed
cash
mostly
bills
billfold
indicated
inspectors
appointments
merchandise
vendors
planned
ride
around
los
angeles
taxicabs
visiting
retail
stores
penney
order
buy
goods
husband
store
respondent
admitted
hotel
reservations
stated
planned
stay
holiday
inn
respondent
recall
airline
ticket
purchased
inspectors
opened
respondent
one
small
valise
found
four
changes
cold
weather
clothing
respondent
shoes
pair
wearing
although
respondent
possessed
checks
waybills
credit
cards
letters
credit
produce
colombian
business
card
number
old
receipts
waybills
fabric
swatches
displayed
photo
album
point
talamantes
inspector
suspected
respondent
balloon
swallower
one
attempts
smuggle
narcotics
country
hidden
alimentary
canal
years
inspector
talamantes
apprehended
dozens
alimentary
canal
smugglers
arriving
avianca
flight
see
app
inspectors
requested
female
customs
inspector
take
respondent
private
area
conduct
patdown
strip
search
search
female
inspector
felt
respondent
abdomen
area
noticed
firm
fullness
respondent
wearing
girdle
search
revealed
contraband
inspector
noticed
respondent
wearing
two
pairs
elastic
underpants
paper
towel
lining
crotch
area
respondent
returned
customs
area
female
inspector
reported
discoveries
inspector
charge
told
respondent
suspected
smuggling
drugs
alimentary
canal
respondent
agreed
inspector
request
hospital
answer
inspector
query
stated
pregnant
agreed
pregnancy
test
ray
respondent
withdrew
consent
ray
learned
handcuffed
en
route
hospital
inspector
gave
respondent
option
returning
colombia
next
available
flight
agreeing
ray
remaining
detention
produced
monitored
bowel
movement
confirm
rebut
inspectors
suspicions
respondent
chose
first
option
placed
customs
office
observation
told
went
toilet
use
women
restroom
order
female
customs
inspectors
inspect
stool
balloons
capsules
carrying
narcotics
inspectors
refused
respondent
request
place
telephone
call
respondent
sat
customs
office
observation
remainder
night
night
customs
officials
attempted
place
respondent
mexican
airline
flying
bogota
via
mexico
city
morning
airline
refused
transport
respondent
lacked
mexican
visa
necessary
land
mexico
city
respondent
permitted
leave
informed
detained
agreed
ray
bowels
moved
remained
detained
customs
office
observation
time
curled
chair
leaning
one
side
refused
offers
food
drink
refused
use
toilet
facilities
appeals
noted
exhibited
symptoms
discomfort
consistent
heroic
efforts
resist
usual
calls
nature
shift
change
next
afternoon
almost
hours
flight
landed
respondent
still
defecated
urinated
partaken
food
drink
time
customs
officials
sought
order
authorizing
pregnancy
test
ray
rectal
examination
federal
magistrate
issued
order
midnight
evening
authorized
rectal
examination
involuntary
ray
provided
physician
charge
considered
respondent
claim
pregnancy
respondent
taken
hospital
given
pregnancy
test
later
turned
negative
results
pregnancy
test
known
physician
conducted
rectal
examination
removed
respondent
rectum
balloon
containing
foreign
substance
respondent
placed
formally
arrest
respondent
passed
similar
balloons
next
four
days
passed
balloons
containing
total
grams
pure
cocaine
hydrochloride
suppression
hearing
district
admitted
cocaine
evidence
respondent
convicted
possession
cocaine
intent
distribute
unlawful
importation
cocaine
divided
panel
appeals
ninth
circuit
reversed
respondent
convictions
noted
customs
inspectors
justifiably
high
level
official
skepticism
respondent
good
motives
inspectors
decided
let
nature
take
course
rather
seek
immediate
magistrate
warrant
ray
magistrate
warrant
required
clear
indication
plain
suggestion
traveler
alimentary
canal
smuggler
previous
decisions
appeals
see
cf
south
dakota
opperman
applied
required
level
suspicion
respondent
case
questioned
humanity
inspectors
decision
hold
respondent
bowels
moved
knowing
suffer
many
hours
humiliating
discomfort
chose
submit
examination
concluded
clear
indication
standard
evidence
available
customs
officers
decided
hold
respondent
continued
observation
insufficient
support
detention
government
contends
customs
inspectors
reasonably
suspected
respondent
alimentary
canal
smuggler
suspicion
sufficient
justify
detention
support
judgment
respondent
argues
inter
alia
reasonable
suspicion
support
respondent
detention
event
inspectors
reasonably
suspect
respondent
carrying
narcotics
internally
fourth
amendment
commands
searches
seizures
reasonable
reasonable
depends
upon
circumstances
surrounding
search
seizure
nature
search
seizure
new
jersey
permissibility
particular
law
enforcement
practice
judged
balancing
intrusion
individual
fourth
amendment
interests
promotion
legitimate
governmental
interests
delaware
prouse
camara
municipal
seizure
respondent
took
place
international
border
since
founding
republic
congress
granted
executive
plenary
authority
conduct
routine
searches
seizures
border
without
probable
cause
warrant
order
regulate
collection
duties
prevent
introduction
contraband
country
see
ramsey
citing
act
july
ch
stat
long
recognized
congress
power
police
entrants
border
see
boyd
stated
recently
import
restrictions
searches
persons
packages
national
border
rest
different
considerations
different
rules
constitutional
law
domestic
regulations
constitution
gives
congress
broad
comprehensive
powers
regulate
commerce
foreign
nations
art
cl
historically
broad
powers
necessary
prevent
smuggling
prevent
prohibited
articles
entry
ramsey
supra
quoting
reels
film
cases
reflect
longstanding
concern
protection
integrity
border
concern
anything
heightened
veritable
national
crisis
law
enforcement
caused
smuggling
illicit
narcotics
see
mendenhall
powell
concurring
particular
increasing
utilization
alimentary
canal
smuggling
desperate
practice
appears
relatively
recent
addition
smugglers
repertoire
deceptive
practices
also
appears
exceedingly
difficult
detect
congress
recognized
difficulties
title
provides
persons
coming
foreign
countries
shall
liable
detention
search
authorized
customs
regulations
customs
agents
may
stop
search
examine
vehicle
beast
person
upon
officer
suspects
contraband
merchandise
subject
duty
see
also
cfr
balanced
sovereign
interests
border
fourth
amendment
rights
respondent
presented
border
admission
subjected
criminal
enforcement
powers
federal
government
respondent
entitled
free
unreasonable
search
seizure
expectation
privacy
less
border
interior
see
carroll
cf
florida
royer
blackmun
dissenting
fourth
amendment
balance
interests
government
privacy
right
individual
also
struck
much
favorably
government
border
supra
previously
decided
level
suspicion
justify
seizure
incoming
traveler
purposes
routine
border
search
cf
ramsey
appeals
held
initial
detention
respondent
permissible
inspectors
possessed
clear
indication
alimentary
canal
smuggling
citing
cf
clear
indication
language
comes
opinion
schmerber
california
think
appeals
misapprehended
significance
phrase
context
used
schmerber
appeals
viewed
clear
indication
intermediate
standard
reasonable
suspicion
probable
cause
see
supra
think
words
schmerber
used
indicate
necessity
particularized
suspicion
evidence
sought
might
found
within
body
individual
rather
enunciating
still
third
fourth
amendment
threshold
reasonable
suspicion
probable
cause
including
one
ever
adopted
schmerber
clear
indication
language
fourth
amendment
standard
see
winston
lee
surgical
removal
bullet
evidence
indeed
another
appeals
faced
facts
almost
identical
case
adopted
less
strict
standard
based
upon
reasonable
suspicion
see
think
fourth
amendment
emphasis
upon
reasonableness
consistent
creation
third
verbal
standard
addition
reasonable
suspicion
probable
cause
dealing
constitutional
requirement
reasonableness
mens
rea
see
bailey
subtle
verbal
gradations
may
obscure
rather
elucidate
meaning
provision
question
hold
detention
traveler
border
beyond
scope
routine
customs
search
inspection
justified
inception
customs
agents
considering
facts
surrounding
traveler
trip
reasonably
suspect
traveler
smuggling
contraband
alimentary
canal
reasonable
suspicion
standard
applied
number
contexts
effects
needed
balance
private
public
interests
law
enforcement
officials
must
make
limited
intrusion
less
probable
cause
thus
fits
well
situations
involving
alimentary
canal
smuggling
border
type
smuggling
gives
external
signs
inspectors
rarely
possess
probable
cause
arrest
search
yet
governmental
interests
stopping
smuggling
border
high
indeed
standard
officials
border
must
particularized
objective
basis
suspecting
particular
person
alimentary
canal
smuggling
cortez
citing
terry
ohio
facts
rational
inferences
known
customs
inspectors
case
clearly
supported
reasonable
suspicion
respondent
alimentary
canal
smuggler
need
belabor
facts
including
respondent
implausible
story
supported
suspicion
see
supra
trained
customs
inspectors
encountered
many
alimentary
canal
smugglers
certainly
inchoate
unparticularized
suspicion
hunch
terry
supra
respondent
smuggling
narcotics
alimentary
canal
inspectors
suspicion
conclusio
human
behavior
upon
practical
people
including
government
officials
entitled
rely
citing
cortez
supra
final
issue
case
whether
detention
respondent
reasonably
related
scope
circumstances
justified
initially
regard
cautioned
courts
indulge
unrealistic
sharpe
noted
creative
judge
engaged
post
hoc
evaluations
police
conduct
almost
always
imagine
alternative
means
objectives
police
might
accomplished
fact
protection
public
might
abstract
accomplished
less
intrusive
means
render
search
unreasonable
citing
cady
dombrowski
authorities
must
allowed
graduate
response
demands
particular
situation
place
respondent
detained
incommunicado
almost
hours
inspectors
sought
warrant
warrant
took
number
hours
procure
apparent
fault
inspectors
length
time
undoubtedly
exceeds
detention
approved
reasonable
suspicion
also
consistently
rejected
time
limits
sharpe
supra
place
supra
instead
common
sense
ordinary
human
experience
must
govern
rigid
criteria
sharpe
supra
rudimentary
knowledge
human
body
judges
possess
common
rest
humankind
tells
us
alimentary
canal
smuggling
detected
amount
time
illegal
activity
may
investigated
brief
stops
presents
external
signs
quick
frisk
even
strip
search
case
respondent
inspectors
available
alternative
simply
awaiting
bowel
movement
ray
offered
alternative
submitting
procedure
refused
alternative
customs
inspectors
left
two
practical
alternatives
detain
time
necessary
confirm
suspicions
detention
last
much
longer
typical
terry
stop
turn
loose
interior
carrying
reasonably
suspected
contraband
drugs
inspectors
case
followed
former
procedure
doubt
expected
respondent
recently
disembarked
direct
flight
full
stiff
abdomen
produce
bowel
movement
without
extended
delay
visible
efforts
resist
call
nature
labeled
heroic
disappointed
expectation
turn
caused
humiliation
discomfort
prior
cases
refused
charge
police
delays
investigatory
detention
attributable
suspect
evasive
actions
see
sharpe
marshall
concurring
judgment
principle
applies
well
respondent
alone
responsible
much
duration
discomfort
seizure
circumstances
conclude
detention
case
unreasonably
long
occurred
international
border
fourth
amendment
balance
interests
leans
heavily
government
border
customs
officials
merely
investigative
law
enforcement
role
also
charged
along
immigration
officials
protecting
nation
entrants
may
bring
anything
harmful
country
whether
communicable
diseases
narcotics
explosives
see
cfr
see
also
regard
detention
suspected
alimentary
canal
smuggler
border
analogous
detention
suspected
tuberculosis
carrier
border
detained
bodily
processes
dispel
suspicion
introduce
harmful
agent
country
cf
cfr
pt
respondent
detention
long
uncomfortable
indeed
humiliating
length
discomfort
resulted
solely
method
chose
smuggle
illicit
drugs
country
adams
williams
another
case
said
fourth
amendment
require
policeman
lacks
precise
level
information
necessary
probable
cause
arrest
simply
shrug
shoulders
allow
crime
occur
criminal
escape
analogy
presence
articulable
suspicion
smuggling
alimentary
canal
customs
officers
required
fourth
amendment
pass
respondent
balloons
interior
detention
period
time
necessary
either
verify
dispel
suspicion
unreasonable
judgment
appeals
therefore
reversed
footnotes
see
demontoya
required
surgery
swallowed
condoms
pino
required
surgery
pellets
mejia
balloons
couch
capsules
balloons
condoms
balloons
condoms
castrillon
balloons
smugglers
balloons
balloons
condoms
ek
capsules
padilla
condoms
balloons
balloons
balloons
case
stated
interests
human
dignity
privacy
fourth
amendment
protects
forbid
intrusion
beyond
body
surface
mere
chance
desired
evidence
might
obtained
absence
clear
indication
fact
evidence
found
fundamental
human
interests
require
law
officers
suffer
risk
evidence
may
disappear
unless
immediate
search
also
important
note
hold
issues
presented
today
suggest
view
level
suspicion
required
nonroutine
border
searches
strip
involuntary
searches
parties
us
decide
issue
whether
aliens
possess
lesser
fourth
amendment
rights
border
question
raised
either
consider
today
justice
stevens
concurring
judgment
seizure
search
person
kind
disclosed
record
may
made
basis
reasonable
suspicion
must
assume
significant
number
innocent
persons
required
undergo
similar
procedures
rule
announced
case
therefore
supported
ground
respondent
prolonged
humiliating
detention
resulted
solely
method
chose
smuggle
illicit
drugs
country
ante
prolonged
detention
respondent
however
justified
different
choice
respondent
made
withdrew
consent
examination
easily
determined
whether
reasonable
suspicion
concealing
contraband
justified
believe
customs
agents
may
require
nonpregnant
person
reasonably
suspected
kind
smuggling
submit
examination
incident
border
search
therefore
concur
judgment
justice
brennan
justice
marshall
joins
dissenting
confront
disgusting
saddening
episode
nation
border
shortly
midnight
march
respondent
rosa
elvira
montoya
de
hernandez
detained
customs
officers
fit
profile
alimentary
canal
smuggler
profile
course
give
officers
probable
cause
believe
de
hernandez
smuggling
drugs
country
reasonable
suspicion
might
engaged
attempt
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search
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uncover
contraband
de
hernandez
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go
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ray
resolve
matter
officers
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officers
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husband
tell
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children
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know
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children
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person
de
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permission
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de
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customs
officers
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process
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safety
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officers
result
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almost
hours
passed
someone
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presence
mind
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order
ray
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de
hernandez
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examination
disclosed
presence
balloon
approximately
morning
march
almost
hours
initial
detention
de
hernandez
formally
placed
arrest
advised
miranda
rights
course
next
four
days
excreted
total
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hat
respondent
degraded
offend
sensibilities
decent
citizen
questioned
issue
face
fair
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history
say
safeguards
liberty
frequently
forged
controversies
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nice
people
rabinowitz
frankfurter
dissenting
standards
fashion
govern
ferreting
guilty
apply
equally
detention
innocent
may
exercised
unfit
ruthless
officers
well
fit
responsible
brinegar
jackson
dissenting
issue
whether
veritable
national
crisis
law
enforcement
caused
smuggling
illicit
narcotics
ante
tern
enforcement
criminal
law
hallmark
healthy
society
davis
frankfurter
dissenting
democracy
enforcement
presupposes
moral
atmosphere
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upon
intelligence
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effective
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justice
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due
regard
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law
formulated
bill
rights
ibid
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tack
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health
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cause
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believes
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require
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travelers
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rays
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state
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see
dunaway
new
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brown
illinois
davis
mississippi
opinion
government
officials
may
confine
person
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amendment
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cf
terry
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length
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fourth
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men
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reasonably
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rule
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judicial
officer
policeman
government
enforcement
agent
johnson
sure
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executive
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exigent
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authorization
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holding
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general
rule
police
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judicial
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procedure
terry
ohio
supra
even
person
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magistrate
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prerequisite
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following
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gerstein
pugh
cf
mallory
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fed
rule
crim
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lengthy
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ante
citing
ramsey
law
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matter
believe
time
reexamine
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power
congress
authorize
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immigration
customs
control
unquestioned
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emphasized
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activity
see
wong
wing
see
also
abel
brennan
dissenting
even
correct
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purposes
criminal
investigation
viewed
acceptable
century
two
ago
see
ante
repeatedly
stressed
simply
frozen
constitutional
law
law
enforcement
practices
existed
time
fourth
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payton
new
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see
also
tennessee
garner
government
contends
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investigative
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need
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part
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infra
reasoning
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cases
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fourth
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purpose
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arbitrary
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fundamental
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even
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health
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camara
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see
seattle
occupational
health
safety
inspections
workplace
marshall
barlow
supra
arson
investigations
michigan
clifford
plurality
opinion
michigan
tyler
see
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powell
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de
hernandez
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evidence
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number
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searches
ultimately
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travelers
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high
one
physician
request
customs
officials
conducted
many
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rectal
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pumping
estimated
found
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percent
persons
examined
similarly
estimated
percent
women
subjected
searches
border
fact
found
carrying
contraband
precisely
minimize
risk
harassing
many
innocent
people
fourth
amendment
requires
intervention
judicial
officer
see
coolidge
new
hampshire
even
warrant
safeguard
somehow
mere
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claims
police
efficiency
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points
unusual
efficiency
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suggesting
safeguard
overridden
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certainly
exigent
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supporting
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government
interest
proceeding
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ideally
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customs
authorities
one
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de
hernandez
first
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analogizing
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line
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time
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proper
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terry
stops
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converting
fourth
amendment
general
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process
process
judicial
thumb
apparently
planted
firmly
law
enforcement
side
scales
sharpe
brennan
dissenting
previously
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terry
allows
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must
based
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emphasis
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allowing
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suggests
authorities
might
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person
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get
cooperate
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station
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interests
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lock
away
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state
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interests
require
fourth
amendment
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wholesale
intrusions
upon
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security
individuals
application
terry
even
analogy
permit
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threaten
swallow
basic
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dunaway
new
york
see
davis
mississippi
simply
staggering
suggests
terry
even
begin
sanction
detention
even
one
occurring
border
argues
however
length
discomfort
de
hernandez
detention
resulted
solely
method
chose
smuggle
illicit
drugs
country
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detention
brief
point
ante
emphasis
added
although
know
de
hernandez
indeed
guilty
smuggling
drugs
internally
post
hoc
rationalizations
place
fourth
amendment
jurisprudence
demands
prevent
hindsight
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evaluation
reasonableness
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seizure
see
also
beck
ohio
time
authorities
simply
reasonable
suspicion
de
hernandez
might
engaged
smuggling
neither
law
land
law
nature
supports
notion
petty
government
officials
require
people
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command
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relies
elsewhere
rudimentary
knowledge
human
body
sanctioning
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typical
duration
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ante
respect
unrealistic
ante
predict
innocent
traveler
locked
away
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surroundings
foreign
land
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well
frightened
exhausted
unable
cooperate
authorities
appears
believe
investigative
practices
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however
premise
traveler
expectation
privacy
less
border
interior
ante
may
well
respect
routine
border
inspections
imagine
decent
international
travelers
yet
reached
point
expect
thrown
locked
rooms
ordered
excrete
wastebaskets
held
incommunicado
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away
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nearest
hospital
exposure
various
medical
procedures
nothing
reasonable
suspicions
enforcement
agents
fact
many
people
around
world
travel
borders
precisely
escape
unchecked
executive
investigatory
discretion
curious
first
lesson
american
liberty
awaits
arrival
cf
olmstead
brandeis
dissenting
finally
disagree
justice
stevens
de
hernandez
alternative
choice
submitting
abdominal
discretion
customs
officials
made
detention
justified
ante
concurring
judgment
medical
rays
course
common
diagnostic
technique
exactly
sharp
debate
among
medical
community
concerning
cellular
chromosomal
effects
routine
reliance
rays
perspective
individual
health
estimated
routine
medical
ray
takes
six
days
person
life
expectancy
perspective
successive
generations
additivity
factor
cumulative
effect
rays
individual
biological
genetic
subject
particularly
disturbing
debate
dangers
gravamen
dispute
justice
stevens
concluded
medical
practices
far
immediately
intrusive
may
carefully
limited
circumstances
employed
tool
criminal
investigation
cf
winston
lee
rather
crux
disagreement
learned
lifetimes
time
inherent
dangers
result
coupling
unchecked
law
enforcement
discretion
tools
medical
technology
accordingly
country
least
importance
informed
detached
deliberate
judicial
determinations
issue
whether
invade
another
body
search
evidence
guilt
indisputable
great
schmerber
california
earch
warrants
ordinarily
required
searches
dwellings
absent
emergency
less
required
intrusions
human
body
concerned
ibid
emphasis
added
whether
intrusion
incision
stomach
pumping
exposure
exigent
circumstances
prevented
authorities
seeking
magistrate
authorization
probe
de
hernandez
abdominal
cavity
proffered
alternative
choice
warrantless
ray
impermissible
detention
actually
occurred
ii
believe
de
hernandez
detention
violated
fourth
amendment
additional
reason
supported
probable
cause
domestic
context
detention
sort
occurred
permissible
probable
cause
outset
see
hayes
florida
dunaway
new
york
brown
illinois
davis
mississippi
elementary
safeguard
govern
border
searches
carried
purposes
criminal
investigation
sure
commonly
asserted
result
fourth
amendment
border
exception
requirement
probable
cause
investigations
justifications
border
exception
necessarily
limit
breadth
exception
derives
unquestioned
paramount
interest
national
self
protection
reasonably
requiring
one
entering
country
identify
entitled
come
belongings
effects
may
lawfully
brought
carroll
see
also
border
exception
reasonable
condition
seeking
cross
borders
reels
film
border
exception
reasonable
condition
prevent
prohibited
articles
entry
subject
applicable
guarantees
bill
rights
interest
national
plenary
thus
notes
suspected
tuberculosis
carrier
may
detained
border
medical
testing
treatment
condition
entry
ante
condition
entry
traveler
may
subjected
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processing
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belongings
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condition
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travelers
appropriate
circumstances
may
required
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bodily
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submit
diagnostic
rays
contrary
reasoning
however
government
carrying
immigration
customs
functions
simply
two
stark
alternatives
either
forcing
traveler
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procedures
allowing
pass
interior
ante
third
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instruct
traveler
refuses
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free
turn
around
leave
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fact
believe
reasonableness
burdensome
requirement
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necessarily
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potential
entrant
freedom
leave
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objects
requirement
surely
government
manifest
interest
preventing
potentially
excludable
individuals
carrying
potential
contraband
crossing
borders
fully
vindicated
individuals
voluntarily
decided
cross
borders
course
mean
individuals
fully
subject
criminal
laws
american
soil
probable
cause
believe
violated
law
may
arrested
like
person
within
borders
reasonable
suspicion
believe
may
engaged
violations
may
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detained
pursuant
terry
investigation
subject
limitations
conditions
governing
terry
stops
anywhere
else
country
terry
suspicion
promptly
ripen
probable
cause
travelers
must
given
meaningful
choice
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agree
detention
condition
eventual
entry
leave
country
government
disagrees
advised
oral
argument
definitely
policy
customs
authorities
allow
people
reasonably
suspected
drug
smuggling
return
suspicion
checked
whether
citizen
resident
alien
alien
simply
let
go
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tr
oral
arg
result
sanction
authoritarian
twilight
zone
border
traveler
may
enter
country
may
leave
instead
trapped
border
american
soil
fully
subject
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enforcement
powers
federal
government
ante
citing
notwithstanding
american
soil
fully
protected
guarantees
bill
rights
applicable
everywhere
else
country
sure
reasonableness
requirement
technically
govern
detentions
accommodate
assaults
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personal
autonomy
one
moment
pass
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muster
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else
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surely
provide
grounds
damages
action
violations
basic
civil
rights
conducted
anywhere
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nothing
underlying
premises
border
exception
supports
ring
unbridled
authoritarianism
surrounding
freedom
soil
traveler
wish
consent
prolonged
detentions
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customs
immigration
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fully
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sending
traveler
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nevertheless
propose
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traveler
purposes
subjecting
criminal
investigation
possible
arrest
punishment
may
pursuant
constitutional
safeguards
applicable
everyone
else
country
see
wong
wing
abel
brennan
dissenting
chief
among
safeguards
requirement
except
limited
circumstances
present
custodial
detentions
occur
probable
cause
standard
rests
practical
nontechnical
conception
affording
best
compromise
found
accommodating
often
opposing
interests
law
enforcement
individual
liberty
brinegar
jackson
dissenting
see
also
new
jersey
brennan
dissenting
standard
obviously
met
met
simply
courier
profiles
common
rumor
report
suspicion
even
strong
reason
suspect
henry
contraband
case
fruit
authorities
indefinite
detention
rosa
de
hernandez
without
probable
cause
warrant
affirm
judgment
appeals
ninth
circuit
reversing
conviction
iii
opinion
allowing
government
hold
someone
indefinite
involuntary
incommunicado
isolation
without
probable
cause
judicial
warrant
violates
constitutional
charter
whether
purpose
extract
ransom
investigate
suspected
criminal
activity
nothing
fourth
amendment
permits
exception
actions
nation
border
tempting
course
look
way
case
graphically
illustrates
veritable
national
crisis
caused
narcotics
trafficking
ante
one
enduring
lesson
long
struggle
balance
individual
rights
society
need
defend
lawlessness
easy
make
light
insistence
scrupulous
regard
safeguards
civil
liberties
invoked
behalf
unworthy
easy
history
bears
testimony
disregard
rights
liberty
extinguished
heedlessly
first
stealthily
brazenly
end
davis
frankfurter
dissenting
dissent
holtz
ely
dissenting
disrobing
search
woman
border
police
specifically
de
hernandez
paid
cash
ticket
came
source
port
embarcation
carried
currency
made
many
trips
short
duration
family
friends
one
small
piece
luggage
confirmed
hotel
reservations
speak
english
said
planning
go
shopping
using
taxis
transportation
declaration
teodora
mendoza
mendoza
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app
declaration
jose
angel
serrato
serrato
declaration
app
see
also
app
serrato
declaration
app
id
app
declaration
marilee
morgan
morgan
declaration
app
declaration
jerome
gonzales
gonzales
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see
also
id
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serrato
declaration
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see
also
morgan
declaration
app
gonzales
declaration
app
morgan
declaration
app
see
also
gonzales
declaration
app
serrato
declaration
app
stipulation
trial
order
thereon
app
customs
inspector
initially
suggested
order
examination
obtained
supervisor
vetoed
idea
grounds
government
policy
seek
judicial
authorization
circumstances
sufficient
facts
support
issuance
order
inspector
called
several
hours
later
reiterated
suggestion
denied
ibid
hours
elapsed
supervisor
begin
consider
obtaining
order
app
another
eight
hours
passed
supervisor
got
around
contacting
federal
magistrate
putting
supervisor
oath
listening
available
evidence
promptly
issued
telephonic
order
proceed
examination
declaration
kyle
windes
app
see
also
infra
magistrate
order
based
largely
observations
customs
officials
de
hernandez
behavior
detention
see
app
ninth
circuit
concluded
unlawful
detention
produced
additional
evidence
used
obtain
order
contraband
discovered
implementing
order
tainted
therefore
improperly
introduced
de
hernandez
trial
morgan
declaration
app
holtz
ely
dissenting
justice
jackson
also
noted
brinegar
must
remember
extent
privilege
search
seizure
without
warrant
sustain
officers
interpret
apply
push
limit
must
remember
freedom
unreasonable
search
differs
rights
constitution
way
innocent
citizen
invoke
advance
protection
example
effective
interference
freedom
press
free
speech
religion
usually
requires
course
suppressions
citizen
often
go
obtain
injunction
rights
impartial
jury
aid
counsel
within
supervisory
power
courts
right
compensation
taking
private
property
may
vindicated
act
terms
money
illegal
search
seizure
usually
single
incident
perpetrated
surprise
conducted
haste
kept
purposely
beyond
supervision
limited
judgment
moderation
officers
whose
interests
records
often
stake
search
opportunity
injunction
appeal
disinterested
intervention
citizen
choice
quietly
submit
whatever
officers
undertake
resist
risk
arrest
immediate
violence
dissenting
opinion
see
generally
lafave
search
seizure
pp
lafave
see
generally
id
see
generally
id
note
bags
body
cavities
law
border
search
colum
rev
comment
intrusive
border
searches
judicial
control
desirable
rev
note
border
searches
fourth
amendment
yale
see
katz
berger
new
york
beck
ohio
wong
sun
agnello
see
also
new
jersey
brennan
dissenting
emphasis
original
require
showing
extraordinary
governmental
interest
dispensing
warrant
requirement
undervalue
society
need
apprehend
violators
criminal
law
sure
forcing
law
enforcement
personnel
obtain
warrant
engaging
search
predictably
deter
police
conducting
searches
otherwise
like
conduct
unintended
result
fourth
amendment
protection
privacy
rather
purpose
amendment
thought
necessary
governmental
interests
stake
exceed
implicated
ordinary
law
enforcement
context
extraordinary
governmental
interest
involved
legitimate
engage
balancing
test
determine
whether
warrant
indeed
necessary
suspect
custody
reasons
justify
dispensing
magistrate
neutral
judgment
evaporate
longer
danger
suspect
escape
commit
crimes
police
submit
evidence
magistrate
state
reasons
taking
summary
action
subside
suspect
need
neutral
determination
probable
cause
increases
significantly
consequences
prolonged
detention
may
serious
interference
occasioned
arrest
stakes
high
detached
judgment
neutral
magistrate
essential
fourth
amendment
furnish
meaningful
protection
unfounded
interference
liberty
gerstein
pugh
others
agree
see
lafave
ramsey
offered
flimsy
particularly
satisfying
explanation
refusing
apply
warrant
requirement
note
colum
supra
comment
supra
see
also
holtz
ely
dissenting
blefare
ely
dissenting
fourth
amendment
provides
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
lafave
administrative
searches
fourth
amendment
camara
see
cases
rev
thompson
see
also
morales
holtz
ely
dissenting
citing
testimony
congressional
hearings
suggested
oral
argument
experience
government
intervening
years
increasing
drug
traffic
might
little
skill
detection
today
tr
oral
arg
however
published
statistics
recent
information
discussed
text
course
government
burden
muster
facts
demonstrating
reasonableness
investigative
practices
see
florida
royer
plurality
opinion
government
advised
argument
recent
statistical
evidence
respecting
number
innocent
travelers
subjected
searches
disclose
evidence
record
public
tr
oral
arg
note
colum
supra
see
supra
government
argues
however
warrant
requirement
especially
inappropriate
context
suspect
detained
officer
obtained
warrant
brief
coming
government
case
seeking
defend
detention
expression
purported
concern
travelers
rights
simply
incredible
see
sharpe
dissenting
place
concurring
result
kolender
lawson
concurring
florida
royer
supra
concurring
result
see
also
florida
royer
supra
plurality
opinion
brown
illinois
impropriety
arrest
obvious
arrest
design
execution
investigatory
detectives
embarked
upon
expedition
evidence
hope
something
might
turn
manner
brown
arrest
effected
gives
appearance
calculated
cause
surprise
fright
confusion
de
hernandez
counsel
observed
argument
innocent
traveler
long
flight
unable
excrete
found
position
border
agent
said
well
wish
excrete
command
sure
carrying
anything
internally
innocent
person
might
unable
command
heroic
efforts
case
certainly
possible
person
nervous
afraid
anyway
confined
unable
excrete
lengthy
period
time
necessarily
mean
evidence
guilt
tr
oral
arg
written
analogous
context
searches
children
conducted
school
authorities
know
class
petitioner
attending
police
dogs
burst
lesson
school
authorities
taught
day
undoubtedly
make
greater
impression
one
teacher
hoped
convey
grant
certiorari
teach
petitioner
another
lesson
fourth
amendment
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
schools
expect
students
learn
lessons
good
citizenship
school
authorities
disregard
fundamental
principles
underpinning
constitutional
freedoms
doe
renfrow
dissenting
denial
certiorari
see
also
new
jersey
brennan
dissenting
stevens
dissenting
cf
condition
naturalization
person
must
knowledge
understanding
fundamentals
history
principles
form
government
gregg
effects
ionizing
radiations
humans
handbook
medical
physics
waggener
ed
see
generally
cember
introduction
health
physics
ed
department
health
human
services
food
drug
administration
public
health
service
possible
genetic
damage
diagnostic
irradiation
review
see
ramsey
lafave
see
generally
et
seq
et
et
seq
see
place
florida
royer
plurality
opinion
dunaway
new
york
although
government
disavows
actions
see
tr
oral
arg
customs
authorities
apparently
sought
arrange
de
hernandez
flown
either
mexico
back
colombia
concluded
able
secure
flight
least
two
days
see
app
serrato
declaration
app
gonzales
declaration
app
mendoza
declaration
app
even
government
repudiated
efforts
clear
district
found
de
hernandez
subjected
exacting
surveillance
time
purposes
criminal
investigation
possible
arrest
see
also
serrato
declaration
app
told
also
custody
discharges
anything
illegally
internally
placed
arrest
transported
jail
ward
unable
leave
government
argues
giving
traveler
option
leaving
country
rather
forced
undergo
lengthy
custodial
criminal
investigations
based
mere
suspicion
unsatisfactory
alternative
allow
suspect
escape
apprehension
return
repeat
smuggling
efforts
another
day
addition
approach
remove
disincentive
smuggling
activity
materially
reducing
risk
apprehension
prosecution
brief
exactly
argument
made
whenever
courts
enforce
safeguards
fourth
amendment
consistently
stressed
constitutionally
permissible
investigative
stops
promptly
uncover
sufficient
evidence
support
arrest
detainee
must
released
necessary
consequence
constitutional
liberty
see
place
supra
florida
royer
supra
plurality
opinion
police
may
seek
verify
suspicions
means
approach
conditions
arrest
dunaway
new
york
supra