United States v. Arturo Hernandez

Appellant Arturo Hernandez appeals from his conditional-plea conviction for importation of marijuana in violation of 18 U.S.C. §§ 952 and 960. Hernandez contends that border agents conducted an unreasonable search of his vehicle when the agents dismantled the interior panels of the doors of the vehicle, revealing packages of marijuana. Hernandez moved to suppress evidence of the marijuana, contending that the search was unreasonably destructive, and that because the search was unsupported by probable cause, the search violated the Fourth Amendment. We conclude that the initial search of the vehicle, which involved merely pulling back the interior panels of the doors on the vehicle in such a manner that they could be replaced without damage, was not especially destructive or otherwise carried out in an offensive manner. We therefore affirm the conviction.

I.

On December 11, 2003, Arturo Hernandez drove a 1991 Buick Skylark to the Calexico East Port of Entry, along with a passenger, Jorge Rangel. After some routine questioning, Hernandez and Rangel were referred to secondary. A narcotics-sniffing canine alerted to the inside of the vehicle. Using a screwdriver, the customs…