United States v. Montoya De Hernandez
1985 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Montoya De Hernandez, 473 U.S. 531 (1985), was a U.S. Supreme Court case regarding the Fourth Amendment's border search exception and balloon swallowing.[1]
Quick Facts United States v. Montoya De Hernandez, Argued April 24, 1985 Decided July 1, 1985 ...
United States v. Montoya De Hernandez | |
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Argued April 24, 1985 Decided July 1, 1985 | |
Full case name | United States v. Montoya De Hernandez |
Citations | 473 U.S. 531 (more) 105 S. Ct. 3304; 87 L. Ed. 2d 381; 1985 U.S. LEXIS 120 |
Case history | |
Prior | 731 F.2d 1369 (9th Cir. 1984) |
Holding | |
The detention of a traveler at the border, beyond the scope of a routine customs search and inspection, is justified at its inception if customs agents, considering all the facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband in her alimentary canal; here, the facts, and their rational inferences, known to the customs officials clearly supported a reasonable suspicion that respondent was an alimentary canal smuggler. | |
Court membership | |
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Case opinions | |
Majority | Rehnquist, joined by Burger, White, Blackmun, Powell, O'Connor |
Concurrence | Stevens |
Dissent | Brennan, joined by Marshall |
Laws applied | |
U.S. Const. amend. IV |
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