Concurring.
Although I agree with Parts I, III, IV and V of the majority’s opinion and with the result reached, I write separately with regard to Part II.
As to Part II, I would also conclude that the district court did not err in denying the motion to suppress the search. However, I would rely only on the second ground of the majority’s opinion — that “Inspector Westlake had reasonable cause to believe that Tsai had rendered himself inadmissible by aiding and abetting aliens in their attempt to enter the United States illegally.” See 8 U.S.C. § 1182(a)(6)(E)© (1994). There is no reason to reach any other question concerning the validity of the search.
As explained in footnote 5 of the majority opinion, although he was coming from Guam, Tsai could properly be “regarded as seeking admission” to the United States. Tsai was therefore subject to removal or denial of admission if he were found to have aided or abetted another alien’s attempted or successful illegal entry into the United States, and there was by the time of the search reasonable cause to believe that he had done so. 8 U.S.C. § 1182(a)(6)(E)® & (d)(7). The INS has statutory authority to search without a warrant in these circumstances. See 8 U.S.C. § 1357(c) (Supp. II 1996). Although Congress cannot authorize an act that violates the Constitution, the search authorized by this statute does not present a Fourth Amendment problem. See United States v. Ramsey, 431 U.S. 606, 616—619, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977).
We need not address any broader question concerning the limitations, if any, on border searches. The authority to search at the border has always been justified as “necessary to prevent smuggling and to prevent prohibited articles from entry,” United States v. 12,200-Ft. Reels of Film, 413 U.S. 123, 125, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973), and to determine whether the individual presenting himself at the border is “entitled to come in.” Carroll v. United States, 267 U.S. 132, 154, 45 S.Ct. 280, 69 L.Ed. 543 (1925). A search which happens to be at the border but is not motivated by either of these two “national self protection” interests (id.) may not be “routine” in the sense that term is used in the border search cases, as it is not within the rationale for declaring such searches reasonable without a warrant or probable cause.
Here, the search, even if motivated by an interest in enforcing criminal sanctions (which is far from clear), does come within the basic rationale for border searches, as the criminal law at issue is one directly related to entry into the country. So the majority is quite likely correct as to its conclusion that the search remained a routine border search. But there is no reason to address the question here, and I would not do so.