flores was indicted in the united states district court for the southern district of california for importing marijuana into the united states and for possession of marijuana with intent to distribute it. relying on ninth circuit precedent in effect at the time requiring reasonable suspicion for removal of a gas tank, flores filed a motion to suppress the marijuana found in his car. although the government urged the district court to ignore that precedent, the district court declined to do so and granted flores's suppression motion. the ninth circuit summarily affirmed the granting of the suppression motion, and the government asked the supreme court to review the case.