UNITED STATES v. CYZEWSKI

No. 72-3368.

484 F.2d 509 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Donald A. CYZEWSKI, a/k/a J. Scalzi, and James Peter Herbert, a/k/a J. Daly, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 29, 1973.


Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellant.

Thomas E. Henderson, Tampa, Fla., court-appointed, for Herbert.

W. DeHart Ayala, Jr., Tampa, Fla., for Cyzewski.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this case, an airport security search goes one step further than any to which this Court has previously given constitutional approbation. We are asked to discern any constitutional defects in the removal and warrantless search of checked luggage as part of the investigation of potential hijackers. The Government appeals, under the authority of 18 U.S.C.A. § 3731, from the District Court's suppression as evidence of five pounds of marijuana...

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