United States v. Ezeiruaku

Opinion OF THE COURT ALDISERT, Circuit Judge The question for decision in this appeal by the United States is whether the fourth amendment ""border search"" exception to the requirement of probable cause, reasonable suspicion or a warrant applies to outgoing as well as to incoming border searches of luggage. The district court determined that there was no justification for applying the border search exception to outgoing searches. We disagree, and for the reasons that follow, will reverse. I.