UNITED STATES OF AMERICA, APPELLEE,
v.
MOZELLE WILLIAMS, APPELLANT

2d Cir. | 1975-05-02
Nos. 878, Docket 75-1068
Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.
516 F.2d 11 United States Court of Appeals for the Second Circuit (1975) Positive Treatment
Cited by 4 cases

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Holding

The court held that an airport search of carry-on luggage was valid due to implied consent and reasonable suspicion.


Facts & Procedural History

Appellant's carry-on luggage was searched at an airport, leading to the discovery of heroin. Appellant argued the search was unconsented and unreasona…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

The sole issue in this case is the validity of an airport search of appellant’s carry-on luggage, a flight bag. Appellant contends that the search was unconsented to, unreasonable and excessive in its scope. Further, he argues that prior to initiating the search, airport authorities should have advised him of his option to leave the airport.

On the basis of United States v. Edwards, 498 F. 2d 496, 501, 504 (2d Cir. 1974) (Oakes, J., concurring), we hold that there was implied consent to search the carry-on baggage by virtue of the fact that baggage which one does not want to have searched may be consigned to the baggage compartment. Here as in Edwards, supra, there was also evidence that the appellant consented expressly to that search.

With respect to the scope of the search and, in effect, to the bounds of any implied consent, appellant maintains that any search of his belongings should have been limited to a search for weapons and should therefore have excluded two plastic bags containing a white powder later identified as heroin. But the search here uncovered the two plastic bags at the same time that a one-pound canister with a metal top and bottom was found. The canister could quite reasonably have been thought to be an explosive device, with the two plastic bags containing a necessary ingredient therefor. Under the circumstances, the search was therefore valid, and the judgment is affirmed.


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