United States v. Alfonso Camacho

Alfonso Camacho, a United States citizen, appeals his conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. He argues that the district court should have suppressed the marijuana Customs inspectors found during a border search of the vehicle Camacho drove to the San Ysidro, California, point of entry. At issue is the use of a radioactive density measuring device called a “Buster”- — a relatively new technology the Customs Service has begun to use in border searches. Here, a Customs inspector used the Buster on the vehicle’s spare tire while Camacho was still in the driver’s seat. The Buster’s reading led inspectors to search the spare tire, which contained marijuana.

We review de novo the denial of a motion to suppress, United States v. Fernandez-Castillo, 324 F.3d 1114, 1117 (9th Cir.2003), and a district court’s determination of the legality of a border search, United States v. Ani, 138 F.3d 390, 391 (9th Cir.1998). We review for clear error, however, the district court’s findings of fact. See United States v. Mendoza-Ortiz, 262 F.3d 882, 885 (9th Cir.2001).

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