Damage during border inspections

Question

Alice, a US citizen, is returning to the US from Mexico (could be Canada too, I suppose). She crosses the border in her car, and when questioned by the CPB officer, the officer suspects that Alice has contraband in her car.

Alice's car is searched for possible contraband, and in the process parts of the car are disassembled. No contraband is found, however, and Alice is allowed to enter the US.

My question is, what obligation does CBP have to reassemble her car? IF they took apart the doors, for example, are they required to put them back together? Could they just hand her a bunch of car parts? What if they damage the car while searching it?

Edit: Just to clarify, let us assume the search was “reasonable,” but there was in fact no contraband in the car.

Answer 1

It depends

The government lawfully executing its police powers is not liable for any damage caused that is incidental to the exercise of that power.

Actions have been taken in Federal court under the takings clause to argue that losses caused have amounted to a “taking” under the Fifth Amendment, but all of those have failed on the facts. Some circuits have taken an absolute line that a takings only occurs when the government uses its eminent domain power, not its police powers. Others have held open the possibility that the police activity beyond what is reasonable or necessary might be a taking, but none have had a case where the facts amounted to that so it is a very high bar.

Another avenue that has been tried is an action under the Fourth Amendment where the search is illegal and damage is caused. However, illegality of the search is not enough, the government must also have acted unreasonably, and the courts have held that reasonableness does not necessarily mean using the least intrusive or damaging search method. Such cases are highly fact dependent.

It is important to note that the outcome of the search doesn’t matter. Further, any insurance policy may not respond depending on the wording as to what causes of damage it covers.

My question is, what obligation does CBP have to reassemble her car?

No

IF they took apart the doors, for example, are they required to put them back together?

No

Could they just hand her a bunch of car parts?

Yes

What if they damage the car while searching it?

Then the car is damaged