Morgan

As a matter of first impression in this Circuit, we must decide when a search conducted at the entry gate to a military base is reasonable. Because such installations often warn of the possibility of search as a condition to entry, a warrantless search of a person seeking to enter a military base may be deemed reasonable based on the implied consent of the person searched. We remand to the district court to allow the development of a more complete factual record to determine whether implied consent was present here.

Greg Morgan was a civilian air traffic controller employed by the Federal Aviation Administration (“FAA”) on Edwards Air Force Base (the “Base”) in Kern County, California. Morgan alleges that on May 16, 1999, federal officers violated Morgan’s Fourth Amendment rights when they conducted a suspicionless search of his vehicle at the entry gate to the Base. Morgan brought a Bivens claim, which the district court dismissed pursuant to Fed. R.Civ.P. 12(b)(6). The district court based its dismissal on the closed nature of the active military Base, 1 but Morgan’s Complaint contains no allegations as to the status of the installation. We hold that the district court…