jacobsen
argued
december
decided
april
examination
damaged
package
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cardboard
box
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paper
employees
private
freight
carrier
observed
white
powdery
substance
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plastic
bags
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cocaine
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place
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executed
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holding
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powder
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agent
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powder
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fact
employees
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amendment
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agent
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amendment
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agent
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control
package
contents
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seizure
seizure
reasonable
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tube
plastic
bags
contained
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little
else
light
agent
already
knew
contents
package
contents
plain
view
constitutionally
reasonable
law
enforcement
officials
seize
effects
support
justifiable
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without
warrant
based
probable
cause
believe
contain
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pp
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agent
field
test
although
exceeding
scope
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search
unlawful
search
seizure
within
meaning
fourth
amendment
governmental
conduct
reveal
whether
substance
cocaine
arguably
private
fact
compromises
legitimate
privacy
interest
place
destruction
white
powder
course
field
test
reasonable
law
enforcement
interests
justifying
procedure
substantial
whereas
trace
amount
material
involved
property
already
lawfully
detained
warrantless
seizure
de
minimis
impact
protected
property
interest
circumstances
safeguards
warrant
minimally
advance
fourth
amendment
interests
pp
stevens
delivered
opinion
burger
blackmun
powell
rehnquist
joined
part
iii
white
joined
white
filed
opinion
concurring
part
concurring
judgment
post
brennan
filed
dissenting
opinion
marshall
joined
post
david
strauss
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
jensen
deputy
solicitor
general
frey
joel
gershowitz
mark
peterson
argued
cause
filed
brief
respondents
fred
inbau
wayne
schmidt
james
manak
howard
berringer
david
crump
daniel
hales
william
randall
evelle
younger
filed
brief
americans
effective
law
enforcement
et
al
amici
curiae
urging
reversal
john
kenneth
zwerling
filed
brief
national
association
criminal
defense
lawyers
amicus
curiae
urging
affirmance
justice
stevens
delivered
opinion
examination
damaged
package
employees
private
freight
carrier
observed
white
powdery
substance
originally
concealed
within
eight
layers
wrappings
summoned
federal
agent
removed
trace
powder
subjected
chemical
test
determined
cocaine
question
presented
whether
fourth
amendment
required
agent
obtain
warrant
relevant
facts
dispute
early
morning
may
supervisor
paul
airport
federal
express
office
asked
office
manager
look
package
damaged
torn
opened
package
order
examine
contents
pursuant
written
company
policy
regarding
insurance
claims
container
ordinary
cardboard
box
wrapped
brown
paper
inside
box
five
six
pieces
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covered
tube
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long
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tape
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ducts
supervisor
office
manager
cut
open
tube
found
series
four
plastic
bags
outermost
enclosing
three
innermost
containing
six
half
ounces
white
powder
observed
white
powder
innermost
bag
notified
drug
enforcement
administration
first
dea
agent
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bags
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put
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newspapers
back
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agent
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agent
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end
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open
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powder
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bags
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substance
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blade
field
test
made
spot
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course
agents
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test
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obtained
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place
addressed
executed
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arrested
respondents
indicted
crime
possessing
illegal
substance
intent
distribute
motion
suppress
evidence
ground
warrant
product
illegal
search
seizure
denied
tried
convicted
appealed
appeals
reversed
held
validity
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warrant
depended
validity
agents
warrantless
test
white
powder
testing
constituted
significant
expansion
earlier
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search
warrant
required
appeals
recognized
decision
conflicted
decision
another
appeals
comparable
facts
barry
cert
denied
reason
field
tests
play
important
role
enforcement
narcotics
laws
granted
certiorari
first
clause
fourth
amendment
provides
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
text
protects
two
types
expectations
one
involving
searches
seizures
search
occurs
expectation
privacy
society
prepared
consider
reasonable
infringed
seizure
property
occurs
meaningful
interference
individual
possessory
interests
property
also
consistently
construed
protection
proscribing
governmental
action
wholly
inapplicable
search
seizure
even
unreasonable
one
effected
private
individual
acting
agent
government
participation
knowledge
governmental
official
walter
blackmun
dissenting
wrapped
parcel
involved
case
delivered
private
freight
carrier
unquestionably
effect
within
meaning
fourth
amendment
letters
sealed
packages
general
class
effects
public
large
legitimate
expectation
privacy
warrantless
searches
effects
presumptively
unreasonable
even
government
agents
may
lawfully
seize
package
prevent
loss
destruction
suspected
contraband
fourth
amendment
requires
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warrant
examining
contents
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characterized
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official
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contraband
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conversely
case
fact
agents
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carrier
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opened
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made
examination
might
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agent
render
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conduct
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citizen
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must
appraised
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facts
existed
time
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invasions
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contained
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end
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plastic
bag
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powder
whether
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reasonable
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amendment
private
character
additional
invasions
respondents
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agent
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tested
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exceeded
scope
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standard
adopted
majority
walter
supra
walter
private
party
opened
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carton
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motion
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carton
federal
bureau
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later
without
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warrant
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agents
obtained
projector
viewed
films
single
opinion
majority
agree
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analysis
governmental
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heels
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position
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limited
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terms
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kind
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party
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results
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view
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justify
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may
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conducted
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stevens
joined
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omitted
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fully
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authorities
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subsequent
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movies
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additional
search
subject
warrant
requirement
blackmun
dissenting
joined
burger
powell
rehnquist
jj
omitted
quoting
sanders
case
walter
case
federal
agents
invasions
respondents
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involved
two
steps
first
removed
tube
box
plastic
bags
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trace
powder
innermost
bag
second
made
chemical
test
powder
although
ultimately
conclude
actions
reasonable
essentially
reason
useful
discuss
separately
ii
first
federal
agent
scene
initially
saw
package
knew
contained
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tube
containing
plastic
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virtual
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respondents
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government
utilize
federal
express
employees
testimony
concerning
contents
package
case
hardly
infringed
respondents
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agents
contents
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employees
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infringing
respondents
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risk
misdescription
hardly
enhances
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interest
protected
fourth
amendment
respondents
privacy
interest
contents
package
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remained
unsealed
since
federal
express
employees
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package
accord
invited
federal
agent
offices
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purpose
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contents
agent
viewing
private
party
freely
made
available
inspection
violate
fourth
amendment
see
coolidge
new
hampshire
burdeau
mcdowell
similarly
removal
plastic
bags
tube
agent
visual
inspection
contents
enabled
agent
learn
nothing
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learned
private
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infringed
legitimate
expectation
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hence
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within
meaning
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amendment
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test
respondents
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largely
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conduct
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agents
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great
deal
contents
package
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express
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consistent
see
package
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express
employees
invited
agents
examine
contents
circumstances
package
longer
support
expectation
privacy
like
balloon
distinctive
character
spoke
volumes
contents
particularly
trained
eye
officer
texas
brown
plurality
opinion
see
also
powell
concurring
judgment
hypothetical
gun
case
arkansas
sanders
containers
may
seized
least
temporarily
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warrant
accordingly
since
apparent
tube
plastic
bags
contained
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else
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reasonable
well
settled
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reasonable
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enforcement
officials
seize
effects
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justifiable
expectation
privacy
without
warrant
based
probable
cause
believe
contain
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iii
question
remains
whether
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intrusion
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test
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federal
express
employees
therefore
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scope
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issue
disclose
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whether
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powder
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amendment
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expectation
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prepared
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reasonable
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associates
disclose
confidential
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see
white
plurality
opinion
chemical
test
merely
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particular
substance
cocaine
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result
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test
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question
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reveal
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moreover
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authorities
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information
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concluded
part
ii
supra
initial
seizure
package
contents
reasonable
nevertheless
place
also
holds
seizure
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inception
nevertheless
violate
fourth
amendment
manner
execution
unreasonably
infringes
possessory
interests
protected
fourth
amendment
prohibition
unreasonable
seizures
field
test
affect
respondents
possessory
interests
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amendment
since
destroying
quantity
powder
converted
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possessory
interests
permanent
one
assess
reasonableness
conduct
must
balance
nature
quality
intrusion
individual
fourth
amendment
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importance
governmental
interests
alleged
justify
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applying
test
conclude
destruction
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course
field
test
reasonable
law
enforcement
interests
justifying
procedure
substantial
suspicious
nature
material
made
virtually
certain
substance
tested
fact
contraband
conversely
trace
amount
material
involved
loss
appears
gone
unnoticed
respondents
since
property
already
lawfully
detained
seizure
de
minimis
impact
protected
property
interest
cf
cardwell
lewis
plurality
opinion
examination
automobile
tires
taking
paint
scrapings
de
minimis
invasion
constitutional
interests
circumstances
safeguards
warrant
minimally
advance
fourth
amendment
interests
warrantless
seizure
reasonable
sum
federal
agents
infringe
constitutionally
protected
privacy
interest
already
frustrated
result
private
conduct
extent
protected
possessory
interest
infringed
infringement
de
minimis
constitutionally
reasonable
judgment
appeals
reversed
footnotes
appeals
hold
facts
justified
issuance
warrant
without
reference
test
results
merely
held
facts
recited
warrant
application
relied
almost
entirely
results
field
tests
support
issuance
warrant
field
test
unlawful
elementary
passing
validity
warrant
reviewing
may
consider
information
brought
magistrate
attention
spinelli
emphasis
original
quoting
aguilar
texas
see
illinois
gates
see
also
people
adler
cert
denied
cf
andrews
upholding
warrantless
field
test
without
discussion
cert
denied
see
illinois
andreas
knotts
smith
maryland
terry
ohio
see
place
brennan
concurring
result
texas
brown
stevens
concurring
judgment
see
also
chadwick
hale
henkel
concept
seizure
property
much
discussed
cases
definition
follows
definition
seizure
person
within
meaning
fourth
amendment
meaningful
interference
however
brief
individual
freedom
movement
see
michigan
summers
reid
georgia
per
curiam
mendenhall
opinion
stewart
brown
texas
cupp
murphy
davis
mississippi
terry
ohio
see
opinion
stevens
white
concurring
part
concurring
judgment
janis
coolidge
new
hampshire
burdeau
mcdowell
chadwick
van
leeuwen
ex
parte
jackson
see
also
walter
opinion
stevens
see
place
ross
robbins
california
plurality
opinion
arkansas
sanders
chadwick
van
leeuwen
supra
course
exception
customs
searches
exception
involved
case
see
whiteley
warden
wong
sun
rios
henry
miller
di
byars
affidavit
indicates
agent
federal
express
may
opened
package
suspicious
contents
damage
forklift
however
lower
courts
found
governmental
involvement
private
search
finding
challenged
respondents
affidavit
thus
relevance
issue
decide
see
also
footnotes
omitted
fact
cartons
unexpectedly
opened
third
party
shipment
delivered
intended
consignee
alter
consignor
legitimate
expectation
privacy
private
search
merely
frustrated
expectation
part
simply
strip
remaining
unfrustrated
portion
expectation
fourth
amendment
protection
walter
majority
found
violation
fourth
amendment
present
purposes
disagreement
majority
dissenters
case
respect
comparison
private
search
official
search
less
significant
agreement
standard
applied
evaluating
relationship
two
searches
see
smith
maryland
white
plurality
opinion
osborn
hoffa
lewis
lopez
lee
see
also
henry
caceres
see
katz
berger
new
york
silverman
daniel
stegemoller
federal
express
office
manager
testified
suppression
hearing
white
substance
visible
without
reentering
package
time
first
agent
arrived
app
justice
white
points
magistrate
found
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white
powder
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pet
cert
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picked
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peered
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visible
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bag
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white
powder
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visible
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plainly
view
agents
fail
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eyes
post
event
respondents
filed
objections
magistrate
report
district
district
declined
resolve
respondents
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ruling
fact
immaterial
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purposes
decision
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turned
dea
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cert
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federal
agent
first
scene
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visible
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bags
tube
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respondents
continue
argue
case
assumption
magistrate
report
incorrect
brief
respondents
discussion
make
clear
agree
district
matter
whether
loose
pieces
newspaper
covered
tube
time
agent
first
saw
box
see
caceres
white
plurality
opinion
osborn
lee
example
lopez
wrote
stripped
essentials
petitioner
argument
amounts
saying
constitutional
right
rely
possible
flaws
agent
memory
challenge
agent
credibility
without
beset
corroborating
evidence
argument
justify
excluding
accurate
version
conversation
agent
testify
memory
think
risk
petitioner
took
offering
bribe
davis
fairly
included
risk
offer
accurately
reproduced
omitted
reject
justice
white
suggestion
case
indistinguishable
one
police
simply
learn
private
party
container
contains
contraband
seize
owner
conduct
warrantless
search
justice
white
properly
observes
unconstitutional
federal
express
employees
lawfully
possession
package
invited
agent
examine
contents
governmental
conduct
made
possible
private
parties
compromised
integrity
container
justice
white
case
turn
fortuity
whether
federal
express
employees
placed
tube
back
box
context
previous
examination
package
communication
learned
agent
offer
agent
inspect
act
surely
create
privacy
interest
respect
package
otherwise
exist
see
illinois
andreas
thus
precise
character
white
powder
visibility
naked
eye
far
less
significant
facts
container
longer
support
expectation
privacy
virtually
certain
contained
nothing
contraband
contrary
justice
white
suggestion
sanctio
warrantless
searches
closed
covered
containers
packages
whenever
probable
cause
exists
result
prior
private
search
post
container
support
reasonable
expectation
privacy
may
searched
even
probable
cause
without
warrant
see
ross
robbins
california
plurality
opinion
arkansas
sanders
chadwick
magistrate
district
found
agents
took
custody
package
federal
express
arrived
although
respondents
entrusted
possession
items
federal
express
decision
governmental
authorities
exert
dominion
control
package
purposes
clearly
constituted
seizure
though
necessarily
unreasonable
one
see
van
leeuwen
indeed
one
thing
entire
appeared
agree
walter
see
also
ross
robbins
california
plurality
opinion
respondents
concede
agents
probable
cause
believe
package
contained
contraband
therefore
need
decide
whether
agents
seized
package
based
something
less
probable
cause
seizures
justified
articulable
suspicion
criminal
activity
see
place
see
place
texas
brown
plurality
opinion
stevens
concurring
judgment
payton
new
york
leasing
harris
per
curiam
obviously
however
legitimate
expectation
privacy
definition
means
subjective
expectation
discovered
burglar
plying
trade
summer
cabin
season
may
thoroughly
justified
subjective
expectation
privacy
one
law
recognizes
legitimate
presence
words
jones
wrongful
expectation
privacy
one
society
prepared
recognize
reasonable
katz
harlan
concurring
course
merely
tautological
fall
back
notion
expectations
privacy
legitimate
depend
primarily
cases
deciding
issues
criminal
cases
legitimation
expectations
privacy
law
must
source
outside
fourth
amendment
either
reference
concepts
real
personal
property
law
understandings
recognized
permitted
society
rakas
illinois
see
also
knotts
use
beeper
track
car
movements
infringed
reasonable
expectation
privacy
smith
maryland
use
pen
register
record
phone
numbers
dialed
infringed
reasonable
expectation
privacy
see
loewy
fourth
amendment
device
protecting
innocent
rev
discussion
course
confined
possession
contraband
necessarily
case
purely
private
possession
article
distributed
commerce
illegitimate
see
stanley
georgia
respondents
attempt
distinguish
place
arguing
involved
physical
invasion
place
effects
unlike
conduct
issue
however
quotation
makes
clear
reason
intrude
upon
legitimate
privacy
interest
governmental
conduct
reveal
nothing
noncontraband
items
rationale
fully
applicable
place
held
initial
seizure
luggage
purpose
subjecting
dog
sniff
test
reasonable
seizure
became
unreasonable
length
unduly
intruded
upon
constitutionally
protected
interests
see
see
michigan
long
delaware
prouse
brignoniponce
terry
ohio
camara
municipal
fact
respondents
contend
amount
material
tested
large
enough
make
possible
detected
loss
description
record
amount
cocaine
seized
trace
amount
app
see
cupp
murphy
warrantless
search
seizure
limited
scraping
suspect
fingernails
justified
even
full
search
may
cf
place
approving
brief
warrantless
seizure
luggage
purposes
sniff
test
based
minimal
intrusiveness
reasonable
belief
luggage
contained
contraband
van
leeuwen
detention
package
reasonable
suspicion
justified
since
detention
infringed
significant
fourth
amendment
interest
course
substantial
invasions
constitutionally
protected
interests
involved
warrantless
search
seizure
unreasonable
absence
exigent
circumstances
see
steagald
payton
new
york
dunaway
new
york
chadwick
suggest
however
seizure
small
amount
material
necessarily
reasonable
agent
arbitrary
decision
take
white
powder
finds
neighbor
sugar
bowl
medicine
cabinet
subject
field
test
cocaine
might
well
work
unreasonable
seizure
justice
white
concurring
part
concurring
judgment
relatively
easy
concur
judgment
case
since
view
case
judged
basis
magistrate
finding
first
dea
agent
arrived
tube
plain
view
box
bags
white
powder
visible
end
tube
app
pet
cert
although
finding
challenged
district
found
unnecessary
pass
issue
understand
opinion
however
appeals
accepted
magistrate
finding
federal
express
manager
placed
bags
back
tube
leaving
visible
tube
end
placed
tube
back
box
later
gave
box
dea
agent
removed
tube
open
box
took
bags
tube
extracted
sample
powder
least
appeals
assumed
contraband
plain
view
appeals
proceeded
consider
whether
federal
agent
field
test
illegal
extension
private
search
invalidated
field
test
solely
reason
particularly
since
respondents
argue
whether
contraband
plain
view
federal
agent
arrived
irrelevant
issue
validity
field
test
see
brief
respondents
tr
oral
arg
proceed
basis
clear
plastic
bags
plain
view
agent
arrived
agent
thus
properly
observed
suspected
contraband
basis
agree
conclusion
part
iii
appeals
erred
holding
type
chemical
test
conducted
violated
fourth
amendment
however
read
appeals
opinion
accepted
magistrate
finding
refuses
assume
suspected
contraband
visible
first
dea
agent
arrived
scene
conducts
examination
record
devotes
major
portion
opinion
discussion
unnecessary
facts
found
magistrate
holds
even
bags
visible
agent
arrived
removal
tube
box
plastic
bags
tube
subsequent
visual
examination
bags
contents
infringed
legitimate
expectation
privacy
hence
search
within
meaning
fourth
amendment
actions
enabled
agent
learn
nothing
previously
learned
private
search
ante
omitted
disagree
approach
several
reasons
first
already
said
respondents
abandoned
attack
magistrate
findings
assert
irrelevant
whether
suspected
contraband
plain
view
first
dea
agent
arrived
argue
plastic
bags
opened
contents
tested
without
warrant
short
challenge
expansion
private
search
place
reliance
fact
plastic
bags
containing
suspected
contraband
might
left
plain
view
private
searchers
contend
fourth
amendment
rights
violated
duplication
private
search
alleged
district
necessitated
condition
private
searchers
returned
package
circumstances
better
course
decide
case
basis
facts
found
magistrate
rejected
appeals
consider
whether
alleged
expansion
private
search
field
test
violated
fourth
amendment
leave
another
day
question
whether
federal
agents
duplicated
prior
private
search
search
left
contraband
plain
view
second
feels
magistrate
may
erred
concluding
white
powder
plain
view
first
agent
arrived
believes
respondents
abandoned
challenge
agent
duplication
prior
private
search
nevertheless
errs
responding
challenge
task
reviewing
magistrate
findings
belongs
district
appeals
first
instance
request
perform
function
particularly
since
magistrate
finding
contraband
plain
view
federal
agent
arrived
sustained
need
address
difficult
constitutional
question
decided
today
better
course
therefore
remand
case
rejecting
appeals
decision
invalidating
field
test
illegal
expansion
private
search
third
case
must
judged
basis
plastic
bags
contents
concealed
first
agent
arrived
disagree
conclusion
agent
without
warrant
uncover
unwrap
tube
remove
contents
simply
private
party
previously
done
remainder
opinion
address
issue
governing
principles
respect
constitutional
protection
afforded
closed
containers
packages
may
readily
discerned
cases
consistently
rejected
proposed
distinctions
worthy
unworthy
containers
packages
ross
robbins
california
plurality
opinion
made
clear
fourth
amendment
provides
protection
owner
every
container
conceals
contents
plain
view
otherwise
unmistakably
reveal
contents
ross
supra
see
robbins
california
supra
plurality
opinion
arkansas
sanders
although
law
enforcement
officers
may
sometimes
seize
containers
packages
pending
issuance
warrants
examine
contents
place
texas
brown
stevens
concurring
judgment
mere
existence
probable
cause
believe
container
package
contains
contraband
plainly
justify
warrantless
examination
contents
ante
ross
supra
arkansas
sanders
supra
chadwick
prohibition
warrantless
searches
applied
notwithstanding
manner
police
obtained
probable
cause
first
time
sanctions
warrantless
searches
closed
covered
containers
packages
whenever
probable
cause
exists
result
prior
private
search
declares
fact
governmental
inspections
following
heels
private
searches
searches
long
police
private
parties
already
done
reaching
conclusion
excessively
expands
prior
decisions
recognizing
fourth
amendment
proscribes
governmental
action
burdeau
mcdowell
coolidge
new
hampshire
observes
fourth
amendment
wholly
inapplicable
search
seizure
even
unreasonable
one
effected
private
individual
acting
agent
government
participation
knowledge
governmental
official
ante
quoting
walter
blackmun
dissenting
private
party
revealed
police
information
obtained
private
search
exposed
results
search
plain
view
fourth
amendment
interest
implicated
police
done
fail
avert
eyes
coolidge
new
hampshire
supra
doctrine
thus
much
common
doctrine
grounded
proposition
police
lawfully
position
observe
item
firsthand
owner
privacy
interest
item
lost
illinois
andreas
emphasis
added
also
shares
many
doctrinal
underpinnings
cases
establishing
fourth
amendment
prohibit
obtaining
information
revealed
third
party
conveyed
government
authorities
miller
although
analogy
imperfect
since
risks
assumed
person
whose
belongings
subjected
private
search
comparable
assumed
one
voluntarily
chooses
reveal
secrets
companion
undoubtedly
fact
private
party
conducted
search
might
impermissible
government
agent
render
otherwise
reasonable
official
conduct
unreasonable
ante
fact
repository
personal
property
previously
searched
private
party
never
used
legitimize
governmental
conduct
otherwise
subject
challenge
fourth
amendment
government
agents
unwilling
unable
rely
information
testimony
provided
private
party
concerning
results
private
search
search
left
incriminating
evidence
plain
view
agents
may
wish
duplicate
private
search
observe
firsthand
private
party
related
examine
seize
suspected
contraband
existence
reported
information
provided
private
party
clearly
give
agents
probable
cause
secure
warrant
authorizing
actions
nothing
previous
cases
suggests
however
agents
may
proceed
conduct
search
lesser
scope
private
search
without
first
obtaining
warrant
walter
supra
white
concurring
part
concurring
judgment
walter
majority
heavily
relies
opining
additional
invasions
respondents
privacy
government
agent
must
tested
degree
exceeded
scope
private
search
ante
require
conclusion
justice
stevens
opinion
walter
contain
language
suggesting
government
free
done
earlier
private
searchers
language
unnecessary
decision
justice
stevens
recognized
leaving
open
question
whether
government
required
obtain
warrant
private
party
first
view
films
emphasizing
ven
though
circumstances
example
results
private
search
plain
view
materials
turned
government
may
justify
government
reexamination
materials
surely
government
may
exceed
scope
private
search
unless
right
make
independent
search
emphasis
added
justice
blackmun
dissent
walter
necessarily
support
today
holding
emphasized
opened
containers
turned
government
agents
clearly
revealed
nature
contents
see
facts
case
least
viewed
support
conclusion
today
decision
also
supported
majority
reference
cases
involving
transmission
previously
private
information
police
third
party
made
privy
information
ante
police
may
sure
use
confidences
revealed
third
party
establish
probable
cause
purposes
third
party
may
testify
confidences
trial
without
violating
fourth
amendment
never
intimated
individual
reveals
stores
contraband
particular
container
location
acquaintance
later
betrays
confidence
expectation
privacy
container
location
police
may
thus
search
without
warrant
believe
effect
opinion
private
party
breaks
locked
suitcase
locked
car
even
locked
house
observes
incriminating
information
returns
object
search
prior
locked
condition
reports
findings
police
majority
apparently
allow
police
duplicate
prior
search
ground
private
search
vitiated
owner
expectation
privacy
justice
stevens
previously
observed
conclusion
rest
proposition
owner
longer
subjective
expectation
privacy
since
person
expectation
privacy
altered
subsequent
events
unaware
walter
supra
majority
ignores
individual
subjective
expectations
suggests
reasonableness
official
invasion
citizen
privacy
must
appraised
basis
facts
existed
time
invasion
occurred
ante
view
however
reasonableness
particular
individual
remaining
expectation
privacy
turn
entirely
whether
private
search
left
incriminating
evidence
contraband
plain
view
cf
walter
supra
blackmun
dissenting
evidence
contraband
plain
view
container
clearly
announces
contents
end
private
search
government
subsequent
examination
previously
searched
object
necessarily
constitutes
independent
governmental
search
infringes
fourth
amendment
privacy
interests
white
concurring
part
concurring
judgment
majority
opinion
particularly
troubling
one
considers
logical
implications
distinguish
case
involves
private
search
one
private
party
knowledge
later
communicated
government
particular
container
concealed
contraband
nothing
else
arose
presence
time
container
sealed
one
private
party
learned
container
concealed
contraband
nothing
else
previously
opened
presence
one
private
party
knew
certainty
container
concealed
contraband
nothing
else
result
conversations
owner
cases
approach
adopted
today
seem
suggest
owner
container
legitimate
expectation
privacy
contents
government
agents
opening
container
without
warrant
strength
information
provided
private
party
violate
fourth
amendment
accept
majority
novel
extension
doctrine
implications
entire
concept
legitimate
expectations
privacy
concur
part
iii
opinion
judgment
justice
brennan
justice
marshall
joins
dissenting
case
presents
two
questions
first
whether
law
enforcement
officers
may
conduct
warrantless
search
contents
container
merely
private
party
previously
examined
container
contents
informed
officers
suspicious
nature
second
whether
law
enforcement
officers
may
conduct
chemical
field
test
substance
officers
legitimately
located
substance
disagree
treatment
issues
respectfully
dissent
agree
entirely
justice
white
expanded
reach
doctrine
far
beyond
logical
bounds
ante
white
concurring
judgment
difficult
understand
respondents
said
expectation
privacy
closed
container
simply
private
party
previously
opened
container
viewed
contents
also
agree
justice
white
however
private
party
presents
contents
container
law
enforcement
officer
manner
contents
plainly
visible
officer
visual
inspection
contents
constitute
search
within
meaning
fourth
amendment
record
case
unclear
question
whether
contents
respondents
package
plainly
visible
federal
express
employee
showed
package
dea
officer
remand
case
factfinding
central
issue
ii
noted
persuaded
dea
officer
actually
came
upon
respondents
cocaine
without
violating
fourth
amendment
accordingly
need
address
legality
chemical
field
test
since
done
however
address
question
assuming
arguendo
officer
committed
neither
unconstitutional
search
unconstitutional
seizure
prior
point
took
sample
cocaine
plastic
bags
conduct
test
agree
hypothesized
circumstances
field
test
case
search
within
meaning
fourth
amendment
following
reasons
first
officer
came
upon
white
powder
innocently
second
hypothesized
circumstances
respondents
reasonable
expectation
privacy
chemical
identity
powder
dea
agents
already
able
identify
contraband
virtual
certainty
texas
brown
stevens
concurring
judgment
third
test
required
destruction
minute
quantity
powder
however
reached
conclusion
much
broader
ground
relying
two
factors
alone
support
proposition
field
test
search
first
fact
test
revealed
whether
substance
cocaine
without
providing
information
second
assumption
individual
reasonable
expectation
privacy
fact
asserts
conclusion
dictated
place
ante
stated
canine
sniff
piece
luggage
constitute
search
much
less
intrusive
typical
search
discloses
presence
absence
narcotics
contraband
item
presumably
premise
place
individual
reasonable
expectation
privacy
presence
absence
narcotics
luggage
validity
canine
sniff
case
however
neither
briefed
parties
addressed
courts
indeed
since
ultimately
held
defendant
luggage
impermissibly
seized
discussion
question
wholly
unnecessary
judgment
short
justice
blackmun
pointed
time
certainly
position
consider
ramifications
important
issue
nonetheless
concluded
canine
sniff
sui
generis
aware
investigative
procedure
limited
manner
information
obtained
content
information
revealed
procedure
therefore
conclude
particular
course
investigation
agents
intended
pursue
exposure
respondent
luggage
located
public
place
trained
canine
constitute
search
within
meaning
fourth
amendment
continuing
along
course
hastily
charted
place
prudent
take
opportunity
view
first
real
opportunity
consider
implications
new
fourth
amendment
jurisprudence
indeed
light
two
cases
taught
us
contemporary
law
enforcement
methods
particularly
important
analyze
basis
upon
redefined
term
search
exclude
broad
class
surveillance
techniques
view
analysis
demonstrates
although
conclusion
correct
case
dictum
place
dangerously
incorrect
important
however
reasoning
cases
fundamentally
misguided
potentially
lead
development
doctrine
wholly
odds
principles
embodied
fourth
amendment
requirements
fourth
amendment
apply
searches
seizures
investigative
technique
falls
within
neither
category
need
reasonable
may
employed
without
warrant
without
probable
cause
regardless
circumstances
surrounding
use
prohibitions
fourth
amendment
however
limited
preconceived
conceptions
constitutes
search
seizure
instead
must
apply
constitutional
language
modern
developments
according
fundamental
principles
fourth
amendment
embodies
katz
see
amsterdam
perspectives
fourth
amendment
rev
excluding
class
surveillance
techniques
reach
fourth
amendment
therefore
must
certain
none
techniques
excluded
threatens
areas
personal
security
privacy
amendment
intended
protect
startling
interpretation
term
search
case
place
exclusive
focus
nature
information
item
sought
revealed
use
surveillance
technique
rather
context
information
item
concealed
combining
approach
blanket
assumption
implicit
place
explicit
case
individuals
society
reasonable
expectation
privacy
fact
contraband
possession
adopts
general
rule
surveillance
technique
constitute
search
reveals
whether
individual
possesses
contraband
certainly
true
surveillance
technique
identifies
presence
absence
contraband
less
intrusive
technique
reveals
precise
nature
item
regardless
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paraphrase
california
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canine
cocaine
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present
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fourth
amendment
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case
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new
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however
case
hypothesized
see
supra
context
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support
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violative
fourth
amendment