The Couit of Appeals of Arizona has ruled that marijuana accidentally discovered in airport searches for weapons is admissible as evidence even though the search was not directed toward contraband.
Leonard White, departing on a trip, took his luggage to the Sky Harbor Airport in Phoenix, Arizona, and approached the security check. His hand luggage was examined by the guard, but his larger carry-on bag was checked by fluoroscope. A "large, gray, indeterminate mass" was revealed. The bag was opened, and rectangular packages wrapped in green polyethylene were found. Police opened the parcels and then aire sled White.
White's attorney. Phoenix Deputy Public Defender Joel M.Glynn, conceded thai I lie airport had a right to search for weapons or explosives because of the state's interest in preventing skyjackings. However, he argued, the "indeterminate mass" was obviously not weapons or explosives, so the state's interest in continuing the search is then overpowered by a citizen's Fourth Amendment right to be secure from unreasonable searches.
The court rejected this argumen t. emphasizing that all aircraft passengers are voluntarily submitting themselves and their belongings to searches. They have llie opportunity to take their baggage from the security area at any time,
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