United States Ninth Circuit

A border search of a toolbox in the bed of a truck was likely routine under the Fourth Amendment, despite the use of force in gaining access and resulting damage, and was nonetheless supported by reasonable suspicion; a detention did not become an arrest when a customs officer briefly handcuffed the truck's driver.

Appellate Information

• Argued 10/02/2001
• Decided 07/08/2002
• Published 07/08/2002

Judges

• O'SCANNLAIN, Circuit Judge., Before:  O'SCANNLAIN, PAEZ, Circuit Judges, and KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Benjamin L. Coleman,Federal Defenders of San Diego, Inc., San Diego, California, argued the cause for the defendant-appellant;  Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, California, was on the briefs., Patrick K. O'Toole, United States Attorney, San Diego, California, argued the cause for the plaintiff-appellee;  Bruce R. Castetter, Assistant United States Attorney, and Renee M. Bunker, Assistant United States Attorney, San Diego, California, were on the brief.