What is the current state of the law in the context of a customs officer's search of an appellant's person in a customs search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Des Jardins, 747 F.2d 499 (9th Cir. 1984):

The search of appellant's person proceeded in two stages. Initially, the officer conducting the search performed a pat-down examination. Appellant contends that this examination was impermissible in the absence of "real suspicion." She argues that United States v. Wilmot, 563 F.2d 1298 (9th Cir.1977), which refused to extend the "real suspicion" requirement to pat-down searches, applies only to cases in which the customs officer is concerned that the individual searched may be carrying a gun.

In so characterizing Wilmot, however, appellant overlooks subsequent case law. Since Wilmot, we have repeatedly indicated that pat-down searches may be founded on nothing more than "a minimal showing of suspicion." Couch, 688 F.2d at 604. See also United States v. Grayson, 597 F.2d 1225, 1228 (9th Cir.), cert. denied, 444 U.S. 875, 100 S.Ct. 157, 62 L.Ed.2d 102 (1979). Moreover, we have never indicated that a higher standard applies when the officer conducting the search seeks something other than a weapon. Thus, the initial pat-down search was permissible so long as only minimal suspicion was present.

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