U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Warrantless Police Examination of Exterior of Luggage on Common Carrier

NCJ Number
152491
Journal
Crime to Court, Police Officer's Handbook Dated: (December 1994) Pages: complete issue
Author(s)
J C Coleman
Date Published
1994
Length
22 pages
Annotation
These papers analyze the legal issues related to search and seizure law and police procedures in examining the outside of luggage on a bus or other common carrier, based on the U.S. Supreme Court's decision in United States v. McDonald.
Abstract
The Court ruled that a police officer's rubbing, squeezing, manipulation, and sniffing the exterior of luggage in a luggage compartment in a common carrier in 1994 did not represent an unreasonable search or seizure within the meaning of the Fourth Amendment. The Court ruled that no reasonable expectation of privacy exists in the airspace surrounding luggage that is being transported on a common carrier. It distinguished between an individual's privacy interest in the interior and exterior of luggage. In addition, a person's privacy interest in the contents of personal luggage can be forfeited where the person abandons the luggage. Another article in this magazine explains the topics that a police officer should include in a report on an incident involving police use of force. Questions and answers, photographs, and case citations