The following excerpt is from U.S. v. Valenzuela-Chairez, 19 F.3d 1442 (9th Cir. 1994):
Furthermore, the search was independently valid as a warrantless "extended border search" of the vehicle. The totality of circumstances, see United States v. Jacobson, 647 F.2d 990, 993 (9th Cir.), cert. denied, 454 U.S. 897 (1981), indicates that this was a legal extended border search because the government agents identified the vehicle as it passed the border in the morning and monitored it continually throughout the day, insuring that nothing had been loaded into the vehicle until the search that evening. This satisfies the rationale of Jacobson.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.