United States v. Miguel Angel Ramos-Saenz, 36 F.3d 59 (9th Cir. 1994). · Go Syfert
United States v. Miguel Angel Ramos-Saenz, 36 F.3d 59 (9th Cir. 1994). Cases Citing This Book View Copy Cite
“intrusiveness includes both the extent of a search as well as the degree of indignity that may accompany a search.”
49 citation events (41 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Howard Cotterman (ca9, 2013-03-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Howard Cotterman
9th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence low
intrusiveness includes both the extent of a search as well as the degree of indignity that may accompany a search.
discussed Cited as authority (rule) Vento v. United States of America
D. Ariz. · 2023 · confidence medium
And in United States v. Ramos- 15 Saenz, the court instructed that the “degree of intrusiveness is a critical factor in 16 distinguishing between routine and non-routine searches,” and that a border search goes 17 beyond routine “when it reaches the degree of intrusiveness present in a strip search or 18 body cavity search.” 36 F.3d 59, 61 (9th Cir. 1994), as amended (Oct. 14, 1994). 19 Vento twice testified that Mercado penetrated her vagina while searching her groin 20 at the border.
discussed Cited as authority (rule) Adlerstein v. United States Customs and Border Protection
D. Ariz. · 2020 · confidence medium
United States v. Ramon-Saenz, 36 F.3d 59, 61 (9th Cir. 9 1994) (explaining that strip searches, body cavity searches, and involuntary x-ray searches 10 are all non-routine searches).
discussed Cited as authority (rule) Alasaad v. Duke
D. Mass. · 2018 · confidence medium
See United States v. Molina-Gómez, 781 F.3d 13, 19 (1st Cir. 2015); United States v. Kelly, 302 F.3d 291, 294 (5th Cir. 2002); United States v. Ramos- Saenz, 36 F.3d 59, 61 (9th Cir. 1994).12 12 The Supreme Court’s dismissal of the “[c]omplex balancing tests” to determine the “degree of intrusiveness” as applied to border searches of vehicles, Flores-Montano, 541 U.S. at 152 , does not eliminate the intrusiveness inquiry here.
discussed Cited as authority (rule) United States v. Seljan
9th Cir. · 2008 · confidence medium
In United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994), we concluded that a border search goes beyond the routine "only when it reaches the degree of intrusiveness present in a strip search or body cavity search" and that the search of the defendant's shoes in that case did not go beyond routine.
discussed Cited as authority (rule) United States v. Seljan
9th Cir. · 2008 · confidence medium
In United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir. 1994), we concluded that a border search goes beyond the routine “only when it reaches the degree of intrusiveness present in a strip search or body cavity search” and that the search of the defendant’s shoes in that case did not go beyond routine.
discussed Cited as authority (rule) People v. LABORDE
Cal. Ct. App. · 2008 · confidence medium
(Montoya de Hernandez, supra, 473 U.S. at p. 541 .) And many federal courts since Montoya de Hernandez have held that nonroutine border searches require *875 reasonable suspicion. 2 (See, e.g., U.S. v. Ramos-Saenz (9th Cir. 1994) 36 F.3d 59, 61-62 (Ramos-Saenz) [detention of traveler beyond the scope of a routine search and inspection requires reasonable suspicion; removal of shoes was well within scope of a routine border search]; U.S. v. Cardenas (5th Cir. 1993) 9 F.3d 1139, 1148, fn. 3 [“lower courts have generally classified routine searches as those which do not seriously invade a trave…
discussed Cited as authority (rule) United States v. Arnold
C.D. Cal. · 2006 · confidence medium
United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994); see also United States v. Elk, 676 F.2d 379, 382 (9th Cir.1982) (holding that there must be a “clear indication” or “plain suggestion” that the person is carrying contraband in his or her body to conduct a body cavity search).
discussed Cited as authority (rule) United States v. Eduardo Vargas-Castillo
9th Cir. · 2003 · confidence medium
The search of Vargas’s vehicle was routine because it did not reach “the degree of intrusiveness present in a strip search or body cavity search.” United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994).
discussed Cited as authority (rule) McGee v. State (2×)
Tex. Crim. App. · 2003 · confidence medium
United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994); see also United States v. Montoya de Hernandez, *621 473 U.S. 531 , 541 n. 4, 105 S.Ct. 3304 , 87 L.Ed.2d 381 (1985) (noting that body-cavity searches are not routine border searches).
discussed Cited as authority (rule) United States v. Nzelo Chinedu Okafor
9th Cir. · 2002 · confidence medium
We held in United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994), that a border search becomes non-routine “only when it reaches the degree of intrusiveness -present in a strip search or body cavity search.” In United States v. Molina-Tarazon, 279 F.3d 709 (9th Cir.2002), we held that the search of an object could rise to that level of intrusiveness.
discussed Cited as authority (rule) United States v. Jose Molina-Tarazon (2×)
9th Cir. · 2002 · confidence medium
United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994). 7 While we have never defined the limits of a routine search, we have observed that the critical factor is the degree of intrusiveness it poses.
discussed Cited as authority (rule) United States v. Maria Guadalupe Avila-Rodriguez (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
"Routine searches at a United States international border require no objective justification, probable cause or warrant." United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994) (as amended).
cited Cited "see" United States v. Rosemary Ruiz
9th Cir. · 2015 · signal: see · confidence high
See United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994).
discussed Cited "see" United States v. Julio Cortez-Rocha (2×)
9th Cir. · 2005 · signal: see · confidence high
See United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir.2003) (search of spare tire did not “reach ‘the degree of intrusiveness present in a strip search or body cavity search’ ”) (quoting United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994)).
discussed Cited "see" United States v. Cortez-Rocha
9th Cir. · 2005 · signal: see · confidence high
See United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir. 2003) (search of spare tire did not “reach ‘the degree of intru- siveness present in a strip search or body cavity search’ ” (quoting United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir. 1994)). [4] Although cutting a spare tire is certainly damaging to that tire, the important factor is whether the procedure results in significant damage to, or destruction of, the vehicle.
discussed Cited "see" United States v. Julio Cortez-Rocha (2×)
9th Cir. · 2004 · signal: see · confidence high
See United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir.2003) (search of spare tire did not "reach `the degree of intrusiveness present in a strip search or body cavity search'") (quoting United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994)). 11 Although cutting a spare tire is certainly damaging to that tire, the important factor is whether the procedure results in significant damage to, or destruction of, the vehicle.
discussed Cited "see" United States v. Hsi Huei Tsai (2×)
9th Cir. · 2002 · signal: accord · confidence high
The “critical factor” in determining whether a border search is “routine” is the “degree of intrusiveness it poses.” United States v. Molina-Tarazon, No. 00-50171, 279 F.3d 709, 713-14 (9th Cir.2002); accord, e.g., United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994).
discussed Cited "see, e.g." United States v. Seljan (2×)
9th Cir. · 2007 · signal: see also · confidence medium
In United States v. Vance, despite the border search context, we held that customs officials must have “real suspicion” that a traveler is carrying contraband before they may proceed beyond a pat-down or luggage search and subject the traveler to a strip-search. 62 F.3d 1152, 1156 (9th Cir.1995) (finding sufficient predicate to undertake a strip search where a traveler was returning from an unusually short trip, showed external signs of intoxication, was wearing clothing inappropriate for the climate, and had a suspicious bulge beneath his clothes); see also United States v. Ramos-Saenz, 3…
discussed Cited "see, e.g." United States v. SELJAN - Opinion
9th Cir. · 2007 · signal: see also · confidence medium
In United States v. Vance, despite the bor- der search context, we held that customs officials must have “real suspicion” that a traveler is carrying contraband before they may proceed beyond a pat-down or luggage search and UNITED STATES v. SELJAN 9851 subject the traveler to a strip-search. 62 F.3d 1152, 1156 (9th Cir. 1995) (finding sufficient predicate to undertake a strip search where a traveler was returning from an unusually short trip, showed external signs of intoxication, was wearing cloth- ing inappropriate for the climate, and had a suspicious bulge beneath his clothes); see al…
discussed Cited "see, e.g." United States v. Juan Pablo Cedano-Arellano
9th Cir. · 2003 · signal: see also · confidence medium
United States v. Molina-Tarazon, 279 F.3d 709, 713, 717 (9th Cir.2002); see also id. at 712 (requiring that, when a border search “goes beyond the routine, an inspector must have a reasonable suspicion that the person to be searched may be carrying contraband.”) (citing United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994)).
discussed Cited "see, e.g." United States v. Ricardo A. Bravo (2×)
9th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir.1994); see also Montoya de Hernandez, 473 U.S. at 541 n. 4, 105 S.Ct. 3304 (listing strip, body cavity, or involuntary x-ray searches as non-routine border searches).
cited Cited "see, e.g." United States v. Aguebor
4th Cir. · 1999 · signal: see also · confidence medium
See United States v. Braks, 842 F.2d 509, 511-13 (1st Cir. 1988); see also United States v. Ramos-Sanez, 36 F.3d 59, 61 (9th Cir. 1994).
cited Cited "see, e.g." United States v. Aragon
4th Cir. · 1998 · signal: see also · confidence medium
See United States v. Braks, 842 F.2d 509, 512-13 (1st Cir. 1988); see also United States v. Ramos-Saenz, 36 F.3d 59, 61 (9th Cir. 1994).
discussed Cited "see, e.g." United States v. Josie Adele Harding
9th Cir. · 1997 · signal: see also · confidence medium
In these limited situations, customs officials are required to have "reasonable suspicion." See, e.g., Montoya de Hernandez, 473 U.S. at 541 (18-hour detention of woman suspected of smuggling contraband in her alimentary canal is non-routine border search requiring reasonable suspicion); see also United States v. RamosSaenz, 36 F.3d 59, 61 (9th Cir.1994) (citing strip searches and body cavity searches as non-routine border searches requiring reasonable suspicion). 5 Any inconvenience Harding experienced does not take this case out of the realm of a routine search to one requiring the governmen…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Miguel Angel RAMOS-SAENZ, Defendant-Appellee
93-50759.
Court of Appeals for the Ninth Circuit.
Oct 14, 1994.
36 F.3d 59
Rebecca S. Dewees, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant., Pedro V. Castillo, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee.
O'Scannlain, Nelson, Merhige.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Ninth Circuit (1)
O’SCANNLAIN, Circuit Judge:

We must decide whether the search of an individual’s shoes immediately after clearing airport customs is a routine border search.

I

On July 22, 1993, Miguel Angel Ramos-Saenz arrived at Los Angeles International Airport on a direct flight from Guadalajara, Mexico. In the customs area of the terminal, Senior Customs Inspector Charles Carlson stopped Ramos-Saenz after noticing his bright, white tennis shoes. Inspector Carlson wrote on Ramos-Saenz’ declaration card that his shoes should be checked at the secondary customs inspection area. Ramos-Saenz then proceeded to the secondary inspection area where Inspector William Allen Owens was stationed. Inspector Owens performed a cursory check of Ramos-Saenz but did not search his shoes. Finding nothing suspicious Inspector Owens signed Ramos-Saenz’ customs declaration, indicating that he had been checked. As Ramos-Saenz walked toward the customs area exit, Inspector Carlson again noticed Ramos-Saenz and called for him to stop. Inspectors Carlson and Gerald Niemeyer then showed Ramos-Saenz to a private inspection room and asked him to remove his shoes. The Inspectors discovered approximately 526 grams of heroin hidden within the soles of the shoes as well as in a pair of shoes Ramos-Saenz carried in his bag.

On August 6, 1993, Ramos-Saenz was charged with importation of and possession with intent to distribute heroin. Ramos-Saenz filed a motion to suppress the heroin found in both pairs of shoes on the ground that the search and seizure conducted at the airport was unreasonable. At the hearing on the motion to suppress, the district court concluded that Inspectors Carlson and Niemeyer violated Ramos-Saenz’ Fourth[*61] Amendment rights and granted the motion to suppress. The government appeals this decision.

II

The government contends that the search of Ramos-Saenz’ shoes and baggage was a routine border search which requires no justification. Ramos-Saenz argues that the search violated his Fourth Amendment rights contending it was a non-routine border search requiring reasonable suspicion. [1]

Neither the government nor Ramos-Saenz disputes that the search of Ramos-Saenz’ shoes and baggage was a border search conducted at the “functional equivalent” of the border. [2] Routine searches at a United States international border require no objective justification, probable cause or warrant. United States v. Montoya de Hernandez, 473 U.S. 531, 538, 105 S.Ct. 3304, 3309, 87 L.Ed.2d 381 (1985).

The dispute here centers on whether the search of Ramos-Saenz’ shoes and baggage constituted a routine search. Although routine border searches may proceed without probable cause or justification, “reasonable suspicion is required for the detention of a traveler at the border ‘beyond the scope of a routine customs search and inspection.’ ” United States v. Sandoval Vargas, 854 F.2d 1132, 1134 (9th Cir.) (quoting Montoya de Hernandez, 473 U.S. at 541, 105 S.Ct. at 3310), cert. denied, 488 U.S. 912, 109 S.Ct. 270, 102 L.Ed.2d 257 (1988). Ramos-Saenz contends that the search of his shoes and baggage was non-routine. He argues that, because Inspector Owens signed Ramos-Saenz’ customs declaration, Ramos-Saenz cleared customs and any subsequent search was non-routine, requiring a reasonable suspicion. The government contends that the search of Ramos-Saenz’ shoes and baggage “did not go beyond routine.”

Although we have never defined the exact dimensions of a routine border search, we have stated that the degree of intrusiveness is a critical factor in distinguishing between routine and non-routine searches. [3] Sandoval Vargas, 854 F.2d at 1134. Our past decisions highlight types of border searches that are so intrusive that they require at least reasonable suspicion. For example, in United States v. Couch, 688 F.2d 599, 604 (9th Cir.), cert. denied, 459 U.S. 857, 103 S.Ct. 128, 74 L.Ed.2d 110 (1982), we held that a strip search at the border requires “real suspicion,” and that a body cavity search at the border requires a “ ‘clear indication’ that the suspect is carrying contraband in a body cavity.” And, in United States v. Summerfield, 421 F.2d 684, 685 (9th Cir.1970), we decided that “an intrusion into an individual’s body requires a ‘clear indication’ that desired evidence will be found.” These decisions are consistent with the Supreme Court’s statement that strip searches, body cavity searches, and involuntary x-ray searches are examples of non-routine border searches. Montoya de Hernandez, 473 U.S. at 541 n. 4, 105 S.Ct. at 3310 n. 4. Our cases hold that a border search goes beyond the routine only when it reaches the degree of intrusiveness present in a strip search or body cavity search.

Such is not the situation here. Border searches involving the removal of shoes do not entail the degree of intrusiveness present in strip and body cavity searches. See United States v. Grotke, 702 F.2d 49, 52 (2d Cir.1983); United States v. Fitzgibbon, 576 F.2d 279, 284 (10th Cir.), cert. denied, 439 U.S. 910, 99 S.Ct. 279, 58 L.Ed.2d 256 (1978). Inspector Carlson’s minimally intrusive request that Ramos-Saenz remove his shoes[*62] was well within the scope of a routine border search.

Ramos-Saenz’ argument that the search was non-routine because he had cleared customs is also without merit. Functional equivalent border searches may occur after the individual or thing has crossed over and left the functional border. See United States v. Ogbuehi, 18 F.3d 807, 813 (9th Cir.1994) (valid search of defendant occurred minutes after he passed through customs and walked outside the Customs building); United States v. Palmer, 575 F.2d 721, 723 (9th Cir.) (valid search of defendant occurred five to seven minutes after she passed through customs, left customs enclosure and proceeded to baggage claim area), cert. denied, 439 U.S. 875, 99 S.Ct. 212, 58 L.Ed.2d 189 (1978); United States v. Mejias, 452 F.2d 1190, 1193 (9th Cir.1971) (valid search of defendant’s baggage occurred an hour and a half after defendant and his baggage passed through customs and were waiting outside customs enclosure). Since Ramos-Saenz had not even left the customs check point area, the search of his shoes did not require any justification.

III

The search of Ramos-Saenz’ shoes and baggage was a routine border search, and no reasonable suspicion was necessary. We vacate the district court’s grant of the motion to suppress evidence found pursuant to that search and remand for trial.

VACATED and REMANDED.

1

. The government and Ramos-Saenz agree that no reasonable suspicion existed to justify the search.

2

. Although the government discusses the difference between a functional equivalent border search and an extended border search, Reply Brief, 3-6, this distinction is not pertinent to the case because neither party disputes that the search occurred at the functional equivalent of the border. See Almeida-Sanchez v. United States, 413 U.S. 266, 272-73, 93 S.Ct. 2535, 2539, 37 L.Ed.2d 596 (1973) (discussing “functional equivalent” border searches).

3

.Intrusiveness includes both the extent of a search as well as the degree of indignity that may accompany a search. United States v. Vega-Barvo, 729 F.2d 1341, 1345 (11th Cir.), cert. denied, 469 U.S. 1088, 105 S.Ct. 597, 83 L.Ed.2d 706 (1984).