United States v. Salvador Sandoval Vargas

On February 26, 1987, Sandoval Vargas was charged with importing into the United States and possessing with intent to distribute approximately 25 kilograms of marijuana. Sandoval Vargas moved to suppress the marijuana, which was recovered through a border search of his car. The district court denied the motion. Sandoval Vargas then entered a conditional plea of guilty to the importation charge, pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure. The parties stipulated to the facts surrounding the border search. The plea was accepted and the possession charge was dismissed. Sandoval Vargas appealed his conviction, challenging the validity of the border search. The sole question before us is whether individualized or reasonable suspicion is required — by Constitution, statute, or both — before a vehicle may be searched at the border.

With regard to the facts of the search of Sandoval Vargas’ car, the complete stipulation of the parties is as follows:

Constitutional Issue

Sandoval Vargas contends first that the search of his car violates the fourth amendment. Specifically, he argues that a random border search that lacks individualized reasonable suspicion fails…