Can a search of a truck being searched by customs officials at the border be valid as an extended border search?

The district court found that the search of the truck was valid as an extended border search. We disagree. The nervous movements of the four men plus the unverified tip from the computer information system may form the "mere suspicion" needed to justify a customs search at the border or in its immediate vicinity. Alexander v. United States, 362 F.2d 379, 382 (9th Cir.), cert. denied, 385 U.S. 977, 87 S.Ct. 519, 17 L.Ed.2d 439 (1966). That is not, however, the standard to be applied to an extended border search.

When entering this country, a car and its passengers are subject to a customs search without probable cause. United States v. Kessler, 497 F.2d 277, 279 (9th Cir. 1974). At the border, the fact of entry is apparent. Away from the border, it is not. Therefore, this court has previously recognized only two circumstances when a car and its passengers are properly subject to "extended border searches" away from the border. Id.