Editorial: Ruling on gas tanks was wrong

Wednesday, Oct. 15, 2003 | 8:52 a.m.

You wouldn't have to work at a border crossing very long to learn that the most common method of concealing drugs within vehicles is to stuff them into real or false gas tanks. And it's not uncommon for the tanks in large vehicles to conceal people trying to enter the country illegally. And it's not by any means beyond the realm of imagination that gas tanks could be used by terrorists to conceal biological or chemical weapons, or explosives. Yet the ability of border inspectors to conduct random searches of gas tanks is threatened.

On Feb. 12 last year a man crossing into the United States was stopped by inspectors in San Diego. His station wagon was searched randomly, in keeping with long-standing U.S. border-search policy. The authority to fully search vehicles entering the country has always been granted by the courts and policymakers. As anyone who has ever crossed a border knows, it's impossible to fully inspect all cars, therefore random and "suspicionless" searches have been allowed as the best practical defense against smugglers and terrorists.

This man's car was subjected to a full check. After inspectors had directed a mechanic to remove his gas tank for a look inside, they discovered 81 pounds of marijuana. The man's attorney managed to persuade the 9th U.S. Circuit Court of Appeals to rule that the search was unconstitutional because inspectors could not prove they had "reasonable suspicion" before removing the tank. The court's ruling is now binding in the border states where it has jurisdiction -- Alaska, Arizona, California, Montana and Washington.

On Tuesday the U.S. Supreme Court agreed to hear an appeal of the 9th Circuit's decision. The appeal was filed by the U.S. Justice Department, which contends that the country's ability to defend itself against smuggling and terrorism will be severely compromised if inspectors must fear personal and professional liability if they cannot prove a search was motivated by reasonable suspicion. We hope the high court overturns the 9th Circuit's ruling. The nation's borders are porous enough now. As a country, we need to stay focused on strengthening the security of our borders, not weakening it.