## Facts

- A joint federal–local task force observed Vincent Franklin Bennett’s vessel traveling north near the U.S.–Mexico maritime border on January 27, 2000.
- At the entrance to San Diego Bay, a task-force officer boarded the vessel, checked registration, and learned Bennett had an outstanding state arrest warrant.
- Officers directed Bennett to dock and conducted an extensive search over many hours, including drilling into the boat; they then stored the boat overnight, transported it to a Coast Guard facility, and x-rayed it the next day.
- The x-ray revealed concealed marijuana totaling approximately 1,541.5 pounds.
- During the search, an officer found a GPS device and later testified that its display indicated the boat had just traveled from Mexico; the government did not introduce the device or any printout or preserved record of the display.
- Bennett was charged with importation of marijuana (21 U.S.C. §§ 952, 960) and possession with intent to distribute marijuana (21 U.S.C. § 841(a)(1)), convicted on both counts, and sentenced to concurrent 121-month terms.
- Bennett moved to suppress the marijuana (Fourth Amendment) and certain statements (Miranda); the district court denied the motions, and Bennett appealed.

## Issues

1. Whether the warrantless, extended, multi-step search of Bennett’s vessel (including drilling, overnight storage, transport, and x-ray) was permissible as a border search or functional equivalent under the Fourth Amendment.
2. Whether admitting an officer’s testimony about the contents of a GPS display, without producing the GPS unit or any reliable record, violated the best-evidence rule (Fed. R. Evid. 1002–1004).
3. If the best-evidence rule was violated, whether the error was prejudicial as to the importation conviction.

## Decision

- The Ninth Circuit affirmed the denial of suppression of the marijuana, holding the search was a valid border search at the functional equivalent of the border.
- The court affirmed Bennett’s conviction for possession with intent to distribute marijuana.
- The court held that testimony describing the GPS display’s contents, without production of the device or a printout/record, violated the best-evidence rule.
- The court reversed the importation conviction, concluding the evidentiary error was prejudicial, vacated the sentence, and remanded for resentencing on the remaining count.

## Legal Principles

- A border search (including at the functional equivalent of the border) may be conducted without a warrant or probable cause when officers are reasonably certain a border crossing occurred.
- A thorough and extended inspection may be treated as a continuous border-search process when tied to the initial border-search justification.
- Under the best-evidence rule, when a party seeks to prove the contents of a writing, recording, or photograph, the original (or an allowable substitute under an exception) is generally required; testimonial recollection of the contents is improper when offered to prove content.
- Evidentiary error warrants reversal when it is not harmless and likely affected the verdict on an element materially supported by the challenged evidence.

## Conclusion

The Ninth Circuit held that the multi-stage, warrantless search of Bennett’s vessel was a permissible border search, supporting the possession conviction, but reversed the importation conviction because the government proved the asserted GPS-display content through testimony instead of producing the device or a reliable record, and the error was prejudicial.


United States v. Bennett, 363 F.3d 947 (9th Cir. 2004)