CBP attempted to have this guy charged as a result of this incident. A judge dismissed all those charges with prejudice, in part because CBP couldn't show that the search was legal. He's now a plaintiff in a civil suit, where that dismissal will presumably be damning evidence.
Additional wrinkle in this case: a dog authorized the search.
http://www.azcentral.com/news/articles/2009/04/17/20090417bo...