Can a search of a piece of luggage at a border search constitute an intrusiveness 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. The border search in Molina-Tarazon involved the dismantling and removal of a truck's fuel tank. We held that that search was non-routine because of the force used in conducting the search, the risk of harm the search posed, and the potential fear instilled in the truck's owner if left no choice but to drive a reassembled truck. Id. at 713-17. By contrast, an x-ray examination of luggage requires no force, poses no risk to the bag's owner or to the public, and does not harm the baggage. Nor should anyone be afraid to use a suitcase merely because it has been scanned by an x-ray. X-ray examination of luggage, bags, and other containers at a border is routine and requires

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