distinguish between a search at the border’s functional equivalent and an extended border search. United States v.Abbouchi, 502 F.3d at 854-55. Rather, where the search occurred must also be considered.
Further, searches that occur at the first practicable opportunity after entry of contraband in aircrafts or ships are “functional equivalent” border searches. See Almeida-Sanchez v. UnitedStates, 413 U.S. 266, 273 (1973) (the Supreme Court noted that “a search of the passengers and cargo of an airplane arriving at a St. Louis airport after a nonstop flight from Mexico City” would be at the functional equivalent of the border); see also United States v. Potter, 552 F.2d 901 (9th Cir. 1977) (agents used surveillance to follow an airplane from an El Paso airport into Mexico and back to a Las Vegas airport, held that search at Las Vegas airport was at “functional equivalent” of the border); United States v. Tilton, 534 F.2d 1363 (9th Cir. 1976) (court found search of a boat recently at port was at the functional equivalent of the border, but remanded to determine if boat sailed from Mexican waters); United States v. Solmes, 527 F.2d 1370 (9th Cir. 1975) (“with respect to vessels coming from outside the territory of the United States, a vessel’s anchorage in a domestic port is the functional equivalent of the border.”)
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