“ While the test in the Ninth Circuit of the legality of the extended border search is constant surveillance of the vehicle or person after entry, the Fifth Circuit rests on 'reasonable cause to suspect.' See Stassi v. ”

“ Under that decision petitioners could not appeal to the Court of Appeals from an adverse decision in the District Court. Whether they could appeal from an adverse ruling of the Court of Appeals is a question we have not adjudicated. ”

“ The United States has filed its opposition. The stay has been denied by the Court of Appeals and I am reluctant to take action contrary to what it has done. There are, however, two questions in the case not heretofore decided by this Court and of considerable importance.
First is a question of the propriety of petitioners seeking relief here. The District Court suppressed evidence seized on a so-called 'border' search and the United States appealed. ”