United States v. Montoya De Hernandez

Background

Rosa Elvira Montoya de Hernandez arrived in Los Angeles from Bogota and was stopped by customs after inspectors noted travel patterns, $5,000 in cash, sparse luggage, and other signs they associated with internal drug smuggling. Inspectors conducted searches, felt a firm abdominal fullness, and offered an x-ray; she initially agreed but then withdrew consent when told she would be handcuffed. Customs detained her under observation, denied phone calls, and after many hours obtained a magistrate order; she later passed 88 cocaine-filled balloons and was convicted.

Reasoning

The Court addressed what level of suspicion justifies detaining an arriving traveler beyond routine inspection. It held that customs officers may detain a traveler at the border at the start of such a seizure when, based on all facts known about the trip and person, they have reasonable suspicion that the person is smuggling contraband inside their body. The Court reversed the Ninth Circuit, finding the inspectors’ observations supported reasonable suspicion and that the detention’s length was not unreasonable in light of border protection and the smuggling method.

Real world impact

The decision permits border officials nationwide to hold travelers suspected of “balloon swallowing” on reasonable suspicion while awaiting confirmation. It emphasizes strong government interests in stopping internal drug smuggling at the border. The opinion does not resolve what suspicion, if any, is required for more intrusive or involuntary procedures such as forced x-rays or body-cavity searches.

Dissents or concurrances

Justice Stevens concurred, noting customs may require x-rays for nonpregnant suspects; Justice Brennan (joined by Marshall) dissented, arguing prolonged, incommunicado detention without a magistrate or probable cause violated the Fourth Amendment.