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Name: United States v. Camacho
Case #: 02-50629
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/27/2004
Summary

The vehicle appellant drove across the border was subject to the use of some new Customs Service technology – a radioactive density measuring device called a “Buster.” While appellant was in the driver’s seat, officers used the Buster on appellant’s spare tire, subsequently finding marijuana in it. Appellant’s suppression motion was denied. On appeal, appellant contended that the Buster exposed individuals to the risk of detrimental levels of radiation if malfunctioning or damaged, and therefore Buster searches should be justified by a reasonable suspicion. The appellate court affirmed. Busters present no significant or detectable risk of harm to a motorist. The intrusion was no greater than a typical vehicle search, including gas tank searches which have been upheld.