argued decided june petitioner mexican citizen holder valid work permit challenges constitutionality border patrol warrantless search automobile air miles north mexican border search made without probable cause consent uncovered marihuana used convict petitioner federal crime government seeks justify search basis immigration nationality act provides warrantless searches automobiles conveyances within reasonable distance external boundary authorized regulations promulgated attorney general attorney general regulation defines reasonable distance within air miles external boundary appeals upheld search basis act regulation held warrantless search petitioner automobile made without probable cause consent violated fourth amendment pp search justified basis special rules applicable automobile searches probable cause lacking justified analogy administrative inspections officers warrant reason believe petitioner crossed border committed offense consent petitioner pp search border search functional equivalent thereof pp stewart delivered opinion douglas brennan marshall powell joined powell filed concurring opinion post white filed dissenting opinion burger blackmun rehnquist joined post james chanoux john cleary appointment argued cause petitioner chanoux brief deputy solicitor general lacovara argued cause brief solicitor general griswold assistant attorney general petersen mark evans beatrice rosenberg roger pauley luke mckissack filed brief amicus curiae urging reversal arthur wells filed brief gilbert foerster amicus curiae justice stewart delivered opinion petitioner case mexican citizen holding valid work permit convicted knowingly received concealed facilitated transportation large quantity illegally imported marihuana violation sole contention appeal search automobile uncovered marihuana unconstitutional fourth amendment rule weeks marihuana admitted evidence basic facts case neither complicated disputed petitioner stopped border patrol state highway california car thoroughly searched road essentially highway runs part course undeveloped region point petitioner stopped road meanders north well east nowhere road reach mexican border points lies north major highway entirely within connects southwest west coast petitioner air miles north border stopped undenied border patrol search warrant probable cause kind stop subsequent search even reasonable suspicion found sufficient street detention weapons search terry ohio adams williams border patrol conducts three types surveillance along inland roadways asserted interest detecting illegal importation aliens permanent checkpoints maintained certain nodal intersections temporary checkpoints established time time various places finally roving patrols one stopped searched petitioner car operations argued agents acting within constitution stop search automobiles without warrant without probable cause believe cars contain aliens even without probable cause believe cars made border crossing asserted justification extravagant license search immigration nationality act stat simply provides warrantless searches automobiles conveyances within reasonable distance external boundary authorized regulations promulgated attorney general attorney general regulation cfr defines reasonable distance within air miles external boundary appeals ninth circuit recognized search petitioner automobile border search upheld validity basis portion immigration nationality act accompanying regulation granted certiorari consider constitutionality search claim made one search petitioner car constitutional previous decision involving search automobile settled course stop search moving automobile made without warrant narrow exception warrant requirement first established carroll carroll approved portion volstead act providing warrantless searches automobiles probable cause believe contained illegal alcoholic beverages recognized moving automobile open road presents situation practicable secure warrant vehicle quickly moved locality jurisdiction warrant must sought carroll followed line subsequent cases carroll doctrine declare field day police searching automobiles automobile automobile must probable cause search justice white wrote chambers maroney enforcing fourth amendment prohibition unreasonable searches seizures insisted upon probable cause minimum requirement reasonable search permitted constitution seeking rationale validity search case government thus understandably sidesteps automobile search cases instead government relies heavily cases dealing administrative inspections cases fail support constitutionality search camara municipal held administrative inspections enforce community health welfare regulations made less probable cause believe particular dwellings sites particular violations yet insisted inspector obtain either consent warrant supported particular physical demographic characteristics areas searched ibid see also see city seattle search present case conducted unfettered discretion members border patrol warrant probable cause consent search thus embodied precisely evil saw camara insisted discretion official field circumscribed obtaining warrant prior inspection camara supra two administrative inspection cases relied upon government equally inapposite colonnade catering biswell approved warrantless inspections commercial enterprises engaged businesses closely regulated licensed government colonnade stressed long history federal regulation taxation manufacture sale liquor biswell noted pervasive system regulation reporting imposed licensed gun dealers central difference cases one businessmen engaged federally licensed regulated enterprises accept burdens well benefits trade whereas petitioner engaged regulated licensed business businessman regulated industry effect consents restrictions placed upon stated biswell also plain inspections compliance gun control act pose limited threats dealer justifiable expectations privacy dealer chooses engage pervasively regulated business accept federal license knowledge business records firearms ammunition subject effective inspection licensee annually furnished revised compilation ordinances describe obligations define inspector authority dealer left wonder purposes inspector limits task ii since neither automobile search decisions administrative inspection decisions provide support constitutionality stop search present case left simply statute purports authorize automobiles stopped searched without warrant within reasonable distance external boundary clear course act congress authorize violation constitution familiar principles constitutional adjudication duty construe statute possible manner consistent fourth amendment ashwander tennessee valley authority brandeis concurring undoubtedly within power federal government exclude aliens country chae chan ping also without doubt power effectuated routine inspections searches individuals conveyances seeking cross borders stated carroll travellers may stopped crossing international boundary national self protection reasonably requiring one entering country identify entitled come belongings effects may lawfully brought see also boyd whatever permissible scope intrusiveness routine border search might searches kind may certain circumstances take place border functional equivalents well example searches established station near border point marking confluence two roads extend border might functional equivalents border searches another example search passengers cargo airplane arriving louis airport nonstop flight mexico city clearly functional equivalent border search search petitioner automobile roving patrol california road lies points least miles north mexican border wholly different sort absence probable cause consent search violated petitioner fourth amendment right free unreasonable searches seizures enough argue government problem deterring unlawful entry aliens across long expanses national boundaries serious one needs law enforcement stand constant tension constitution protections individual certain exercises official power precisely predictability pressures counsels resolute loyalty constitutional safeguards well recall words justice jackson soon return nuremberg trials fourth amendment rights protest mere rights belong catalog indispensable freedoms among deprivations rights none effective cowing population crushing spirit individual putting terror every heart uncontrolled search seizure one first effective weapons arsenal every arbitrary government brinegar jackson dissenting intolerable unreasonable prohibition agent authorized stop every automobile chance finding liquor thus subject persons lawfully using highways inconvenience indignity search travellers may stopped crossing international boundary national self protection reasonably requiring one entering country identify entitled come belongings effects may lawfully brought lawfully within country entitled use public highways right free passage without interruption search unless known competent official authorized search probable cause believing vehicles carrying contraband illegal merchandise reversed footnotes moreover either carroll supra cases require suggest every conceivable circumstance search auto even probable cause may made without extra protection privacy warrant affords chambers maroney supra see also coolidge new hampshire justices join opinion divided upon question constitutionality area search warrants described justice powell concurring opinion respect aircraft cfr defines reasonable distance distance fixed pursuant paragraph section paragraph authorizes commissioner immigration naturalization approve searches greater distance air miles border unusual circumstances government represents highway search occurred common route illegally entered aliens travel roving patrols apprehended aliens road one year course quite possible every one aliens apprehended result valid search made upon probable cause hand telling many perfectly innocent drivers stopped road without probable cause subjected search trunks hoods behind rear seats automobiles justice powell concurring join opinion sufficiently establishes none fourth amendment decisions supports search conducted case add concurring opinion elaborate views meaning fourth amendment context confronted necessity reconciling legitimate need government constitutionally protected rights question seriousness legitimacy law enforcement problem respect enforcing along thousands miles open border valid immigration related laws question necessity free society safeguarding persons searches seizures proscribed fourth amendment believe resolution issue raised case possible due recognition interests manner compatible prior decisions search involved carried part roving search automobiles area generally proximate mexican border border search fairly said search conducted functional equivalent border case involve constitutional propriety searches permanent temporary checkpoints removed border functional equivalent finally search based cause ordinary sense specific knowledge concerning automobile passengers question posed rather whether circumstances border patrol may lawfully conduct roving searches automobiles areas far removed border purpose apprehending aliens illegally entering country government made convincing showing large numbers aliens cross borders illegally places established crossing points often assisted smugglers even cross foot met transported destinations automobiles roving checks automobiles feasible means apprehending course wholly impracticable maintain constant patrol along thousands miles border moreover many aliens cross border foot places established checkpoints simply possible cases government obtain specific knowledge person riding stowed automobile alien illegally country thus magnitude problem clear answer reconciling obvious needs law enforcement relevant constitutional rights far less clear ii government argument sustain search simply reasonable circumstances axiomatic fourth amendment proscription unreasonable searches seizures read conjunction command warrants shall issue upon probable cause cases concept probable cause requirement warrant bear reasonableness search though certain limited circumstances neither required deciding whether warrant required first address threshold question whether functional equivalent probable cause may exist type search conducted case problem ascertaining meaning requirement context roving searches sort conducted measurably assisted opinion camara municipal government relies heavily concerned nature requirement context searches identify housing code violations persuaded workable method enforcement periodic inspection structures probable cause debate focused agency decision conduct area inspection unavoidably based appraisal conditions area whole knowledge conditions particular building roving automobile searches border regions aliens likewise consistently approved judiciary question one first impression searches uniformly sustained courts appeals whose jurisdictions include areas border mexico problem severe see miranda moreover noted alternative solution reasonably possible government argues searches resemble conducted camara undertaken primarily administrative rather prosecutorial purposes function simply locate illegally deport brief argument supported assertion aliens apprehended country prosecuted low rate prosecution offers great solace innocent whose automobiles searched prosecuted serve differentiate class searches random area searches fishing expeditions evidence support prosecutions possibility prosecution distinguish searches involved camara despite assertion case searches aimed discovery evidence crime violators housing code subject criminal penalties perhaps greater weight fact searches according government conducted areas concentration illegally present aliens high absolute terms proportion number persons legally present searches border searches conventional sense incidental protection border draw large measure justification government extraordinary responsibilities powers respect border finally significantly searches automobiles rather searches persons buildings search automobile far less intrusive rights protected fourth amendment search one person building long distinguished automobile home office chambers maroney government demonstrated affected areas surely know automobile cases makes effective attempts smuggle aliens country conjunction factors consistent judicial approval absence reasonable alternative solution serious problem modest intrusion whose automobiles searched persuades appropriate limiting circumstances may exist constitutionally adequate equivalent probable cause conduct roving vehicular searches border areas iii conclusion may probable cause conduct roving searches end inquiry except certain carefully defined classes cases search private property without proper consent unreasonable unless authorized valid search warrant camara municipal supra expressed view last term warrant clause reflects important policy determination fourth amendment contemplate executive officers government neutral disinterested magistrates duty responsibility enforce laws investigate prosecute charged investigative prosecutorial duty sole judges utilize constitutionally sensitive means pursuing tasks district see also coolidge new hampshire chimel california justify warrantless searches circumstances like presented case government relies upon several decisions recognizing exceptions warrant requirement brief review nature major exceptions illuminates relevant considerations present case terry ohio held policeman may conduct limited pat search weapons reasonable grounds believing criminal conduct taken taking place person searches armed dangerous sole justification search protection police officer others nearby nothing terry supports exception warrant requirement colonnade catering biswell government also relies concerned standards govern inspections business premises federal licenses engage sale liquor colonnade sale guns biswell cases congress held power authorize warrantless searches stated biswell dealer chooses engage pervasively regulated business accept federal license knowledge business records firearms ammunition subject effective inspection closely point facts cases involving automobile searches carroll chambers maroney supra coolidge new hampshire supra cases allow automobiles searched without warrant certain circumstances principal rationale exception warrant clause circumstances practicable secure warrant vehicle quickly moved locality jurisdiction warrant must sought carroll supra today correctly points warrantless search carroll line cases must supported probable cause sense specific knowledge particular automobile indicated view appropriate facts government satisfy probable cause requirement roving search border area without possessing information particular automobiles follow warrant requirement inapposite fact government supporting information relates criminal activity certain areas rather evidence particular automobile renders irrelevant justification warrantless searches relied upon carroll progeny quite simply roving searches justified experience obviously nonmobile sections particular road area embracing several roads none foregoing exceptions warrant requirement applies roving automobile searches border areas moreover propriety warrant procedure affirmatively established camara see also see city seattle reasons outlined ruled probable cause shown area search nonetheless required warrant obtained unconsented searches indicated general approach exceptions warrant requirement assessing whether public interest demands creation general exception fourth amendment warrant requirement question whether public interest justifies type search question whether authority search evidenced warrant turn depends part upon whether burden obtaining warrant likely frustrate governmental purpose behind search camara municipal supra government argues camara see distinguishable present case purposes warrant requirement true building inspector refused admission building may easily obtain warrant search building member border patrol opportunity refused permission inspect automobile also true judicial function envisioned camara extend reconsideration basic agency decision canvass area camara municipal supra judicial function necessarily include passing basic decision follow distinctions warrant system constructed feasible meaningful brief nothing papers us demonstrates feasible border patrol obtain advance judicial approval decision conduct roving searches particular road roads reasonable period time according government incidence illegal transportation aliens certain roads predictable roving searches apparently planned advance carried according predetermined schedule use area warrant procedure surely frustrate governmental purpose behind search camara municipal supra course entail inconvenience inconvenience alone never thought adequate reason abrogating warrant requirement district supra although standards probable cause context case relatively unstructured cf number relevant factors merit consideration include frequency aliens illegally country known reasonably believed transported within particular area ii proximity area question border iii extensiveness geographic characteristics area including roads therein extent use iv probable degree interference rights innocent persons taking account scope proposed search duration concentration illegal alien traffic relation general traffic road area short determination whether warrant issued area search involves balancing legitimate interests law enforcement protected fourth amendment rights presents type delicate question constitutional judgment resolved judiciary rather executive words camara precisely discretion invade private property consistently circumscribed requirement disinterested party warrant need search reasons stated think rational search warrant procedure feasible cases kind warrant obtained agree judgment must reversed express opinion whether probable cause issue warrant facts particular case accord conclusion nothing immigration nationality act cfr serves authorize otherwise unconstitutional search solicitor general brief explicitly take position checking operations justified officers probable cause even reasonable suspicion believe respect vehicle checked contains illegal alien apart reasonableness establishment checking operation case nothing record indicate border patrol officers special particular reason stop petitioner examine car brief reason judicial officer approve appropriate series roving searches course several days weeks experience initial search series searches highly relevant considering applications renewal warrant depending upon circumstances may probable cause search authorized designated portion particular road cause may exist designated area may contain one roads tracks particularly along much mexican border vast areas uninhabited desert arid land traversed main roads highways nevertheless may afford opportunities virtue isolated character smuggling aliens justice white chief justice justice blackmun justice rehnquist join dissenting trial conviction case district southern district california indictment charging petitioner contrary ed knowingly received concealed facilitated transportation approximately pounds illegally imported marihuana sentenced five years imprisonment appealed sole ground district erroneously denied motion suppress marihuana allegedly seized automobile violation fourth amendment motion suppress heard stipulated evidence district border patrol officers shaw carrasco stopped petitioner car shortly midnight traveling calexico border toward blythe california stop made highway near glamis california miles road calexico highway road california coming mexican border established checkpoint commonly used evade check points marijuana alien smugglers occasions times officers border patrol maintain roving check vehicles persons particular highway pursuant practice stopped vehicle specific purpose checking aliens petitioner identification revealed resident mexicali mexico held work permit petitioner come mexicali picked car calexico way blythe deliver intended return mexicali bus officers advised official bulletin aliens illegally entering sometimes concealed sitting upright behind back seat rest car legs folded back seat springs removed looking rear seat petitioner car aliens officers discovered packages believed contain marihuana petitioner placed arrest advised rights car searched additional marihuana found substantial amounts evidence motion suppress denied petitioner convicted divided appeals affirmed relying prior cases immigration nationality act provides officers immigration naturalization service shall power without warrant search vehicle aliens within reasonable distance external boundary dissent reversal judgment fourth amendment protects people persons houses papers effects unreasonable searches seizures also provides warrants shall issue upon probable cause ordinary rule reasonable amendment search must authorized warrant issued magistrate upon showing probable cause amendment overriding prohibition nevertheless unreasonable searches seizures legality searching without warrant without probable cause individuals conveyances seeking enter country recognized congress courts since beginning boyd said much carroll repeated neither warrant probable cause required authorize stop search external boundaries travelers may stopped crossing international boundary national self protection reasonably requiring one entering country identify entitled come belongings effects may lawfully brought much undisputed case persons effects may searched border dutiable articles contraband conveyances may searched purposes well determine whether carry aliens entitled enter country neither apparently disputed warrantless searches aliens without probable cause may made fixed checkpoints away border problem case centers roving patrol operating away near border patrols may search aliens without warrant probable cause believe vehicle searched carrying aliens illegally country without probable cause majority holds search unreasonable although least one justice justice powell uphold searches roving patrols authorized area warrant issued less probable cause traditional sense agree justice powell warrant issued satisfy fourth amendment expect warrants readily issued disagree majority either warrant probable cause required circumstances case reaffirmed today cady dombrowski post governing standard fourth amendment reasonableness view standard sufficiently flexible authorize search involved case terry ohio proceeding general proscription unreasonable searches seizures omitted weighed governmental interest claimed justify official intrusion constitutionally protected interest private citizen need search balanced invasion search entails quoting camara municipal terry supra event put chief justice warren question whether circumstances encounter right personal security violated unreasonable search seizure emphasis added warrantless searches person immediate surroundings deemed reasonable incident arrest see chimel california terry stop suspected individual weapons without warrant thought reasonable less traditional probable cause camara municipal supra inspection every structure entire area enforce building codes deemed reasonable fourth amendment without probable cause suspicion particular house structure violation law although warrant issuable without probable cause reasonable suspicion violation required respect nonconsenting property owners also colonnade catering justice douglas writing recognizing fourth amendment bars unreasonable searches seizures ruled historic power government control liquor traffic authorized warrantless inspections licensed premises without probable cause reasonable suspicion check liquor quality conditions sold solely enforce collection federal excise tax biswell involved gun control act authorization federal officers inspect firearms dealers public need enforce important regulatory program held justify random inspections licensed establishments without warrant probable cause particularly sensitive amendment broad standard reasonableness biswell colonnade authorizing statutes permitted challenged searches noted colonnade congress broad power design powers inspection liquor laws deems necessary meet evils hand biswell relied heavily upon congressional judgment authorized inspection procedures played important part regulatory system case us authorizes border patrol officers without warrant search vehicle aliens within reasonable distance external boundary within distance miles external boundary access private lands dwellings purpose patrolling border prevent illegal entry aliens least statute represents considered judgment congress proper enforcement immigration laws requires random searches vehicles without warrant probable cause within reasonable distance international borders country true ntil alien migration unrestricted kleindienst mandel power national government exclude aliens country undoubted sweeping government action legislative department exclude aliens territory proposition think open controversy jurisdiction territory extent incident every independent nation part independence exclude aliens extent subject control another power chae chan ping power congress exclude aliens altogether prescribe terms conditions upon may come country declared policy regard enforced exclusively settled previous adjudications lem moon sing see also fong yue ting yamataya fisher ex rel turner williams oceanic steam navigation stranahan ex rel volpe smith since congress given almost continuous attention problems immigration excludability certain defined classes aliens pattern generally one increasing control kleindienst mandel supra illegal entry aliens multiplied congress addressed enforcement mechanisms immigration authorities authorized board search conveyances aliens brought act stat basic authority substantially unchanged incorporated represented congress enforcement immigration laws times desirable stop search vehicles within reasonable distance boundaries legal right conferred law house committee immigration naturalization opinion legislation highly desirable counterpart senate stated question step right direction result express statutory authority act stat conduct searches vehicles aliens within reasonable distance border without warrant possible cause moreover immigration nationality act stat congress permitted entry onto private lands excluding dwellings within distance miles external boundaries country purpose patrolling border prevent illegal entry aliens stat judgment congress obviously circumstances reasonably necessary enforcement immigration laws search vehicles private property aliens without warrant probable cause locations border disagree legislative judgment invalidate face contrary opinion congress legislation comported standard reasonableness fourth amendment quite unwilling external boundaries extensive canadian border almost miles length mexican almost surveillance maintained established channels routes communication inspection regular points entry infallible also physically impossible maintain continuous patrol vast stretches borders fact illegal crossings legal ports entry numerous recurring hope intercepting illegal entrants maintaining kind credible deterrent essential permanent temporary checkpoints maintained away borders roving patrols conducted discover intercept illegal entrants filter established roads highways attempt move away border area purpose border patrol maintained roving patrol involved case conducted random spot checks automobiles vehicular traffic case reports fiscal year border patrol traffic checking operations located deportable aliens approximately entered illegally crossing border place port entry said represent nearly number aliens located border patrol means throughout section authorizes searches aliens searches conveyances property searches person contraband authorized section authority extended statute limited reasonably necessary officer assure vehicle conveyance carrying alien illegally within country extensive searches automobiles without probable cause permitted section see fumagalli guided principles camara colonnade biswell uphold judgment congress purposes enforcing immigration laws reasonable treat exterior boundaries country zone line recurring circumstances search vehicular traffic without warrant without probable cause may reasonable fourth amendment although carried border also considered judgment three courts appeals whose daily concern enforcement immigration laws along border although sensitive constitutional commands perhaps better vantage point potomac judge practicalities law enforcement reasonableness official searches vehicles enforce immigration statutes appeals ninth circuit like circuits recognizes border persons may stopped identified searched without warrant probable cause effects conveyances likewise subjected inspection seems dissent proposition away border persons automobiles may searched narcotics contraband probable cause automobiles may stopped without warrant probable cause limited search aliens carried portions conveyance capable concealing illegal immigrant consistent view fumagalli supra fumagalli stopped checkpoint imperial california miles north international boundary course looking trunk illegal entrant odor marihuana detected marihuana discovered fumagalli contended trunk automobile examined locate illegal entrant absent probable cause believe vehicle carried person composed judges merrill hufstedler byrne rejected position stating hat cases make clear probable cause required immigration search within approved limits omitted generally required sustain legality search contraband person automobile conducted away international borders appellant confused two rules attempt graft probable cause standards narcotics cases onto rules justifying immigration inspections among prior cases reaffirmed fernandez automobile stopped miles north oceanside california highway point miles north mexican border inspection illegally entering aliens conducted narcotics discovered seized stop seizure sustained statute immigration service noted running traffic checks area years many illegal entrants discovered least dozen checkpoints operating along border mexico courts appeal fifth tenth circuits share problem enforcing immigration laws along border courts agree ninth circuit void recurring circumstances statute permits stop automobile without warrant probable cause search aliens constitutionally permissible de leon de leon stopped without warrant probable cause driving highway leading north laredo texas approximately miles mexican border purpose stop inspect illegally entering aliens de leon opened trunk requested false bottom trunk thought odor marihuana immediately noticed heroin seized judge wisdom writing judges godbold roney concluded stopping automobile ten miles mexican border search illegal aliens reasonable see mcdaniel warner cir marsh cir vehicle reasonably stopped pursuant authorized border check agents empowered search vehicle including trunk aliens appeals tenth circuit expressed similar views supra automobile stopped new mexico distance mexican border purpose search aliens relying statute speaking judge breitenstein concluded circumstances initial stop search aliens proper however determined officers occupants car illegally country whether trunk elsewhere held officers business examining contents jacket found trunk evidence case excluded clear rule circuit however conveyances may stopped examined aliens without warrant probable cause circumstances reasonable congress authorized vehicle searches reasonable distance international frontiers order aid enforcement immigration laws congress long considered inspections constitutionally permissible fourth amendment also courts judges best positioned make intelligent sensible assessments requirements reasonableness context controlling illegal entries country consistently almost without dissent come conclusion embodied judgment reversed today ii also think validly applied case search aliens discovery marihuana illegal fourth amendment stipulated highway involved one roads california moving away mexican border established check station commonly used alien smugglers evade regular checkpoints automobile stopped sometime midnight miles along road border town calexico proceeding toward blythe california matter fact appears point car stopped approximately miles due north mexican border given large number illegal entries across mexican border established ports entry well likelihood many illegally entering aliens cross foot meet prearranged transportation country think circumstances stop petitioner car reasonable search aliens rear seat car pursuant official bulletin suggesting search procedures based experience given valid search car aliens way contended discovery seizure marihuana contrary law affirm judgment appeals facts except petitioner stopped taken oral stipulation open see app time petitioner stopped given complaint app petitioner testified trial stopped tr rec west glamis prevailing direction highway point stop west glamis highway approximately miles north border running parallel east glamis highway proceeds sharply northeast blythe distance miles appears see app officers informed facts initiating search aliens hence finding contraband title provides pertinent part officer employee immigration naturalization service authorized regulations prescribed attorney general shall power without warrant within reasonable distance external boundary board search aliens vessel within territorial waters railway car aircraft conveyance vehicle within distance miles external boundary access private lands dwellings purpose patrolling border prevent illegal entry aliens appeals also relied cfr relevant part provides reasonable distance term reasonable distance used section act means within air miles external boundary shorter distance may fixed district director far power board search aircraft concerned distance fixed pursuant paragraph section colonnade catering conviction set aside thought congress authority prescribe standards reasonableness fourth amendment intended federal inspectors use force carrying warrantless inspections dissent chief justice joined justices black stewart sustained search saying assume agree search question must held valid contraband discovered subject seizure forfeiture unless unreasonable constitution prohibited statute imposing restraints apart constitution majority sees constitutional violation agree separate dissent justice black joined chief justice justice stewart also emphasized ultimate test legality fourth amendment whether search seizure reasonable fiscal year aliens entered without inspection located immigration naturalization officers deportable aliens located traffic checking operations assisted smugglers fiscal year smugglers discovered traffic checking operations percent aliens illegally entering land crossed border mexico appeals ninth circuit also sustained mienke marin duprez avey miranda elder see also kelly see also bird ramirez haerr anderson mccormick without undertaken exhaustive survey appeals cases noted including one us different judges three courts appeals found inspection vehicles illegal aliens without warrant probable cause constitutional one judge expressed different view contend see tr oral arg suggest search vehicle aliens within miles border pursuant cfr pass constitutional muster possible invalidity regulation circumstances issue