STATE v. MILLER

No. 2619.

110 Ariz. 491 (1974)

520 P.2d 1115

STATE of Arizona, Appellee, v. William Clark MILLER, Appellant.

Supreme Court of Arizona, In Banc.

April 10, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix by Howard L. Fell, Asst. Atty. Gen., Tucson, for appellee.

Ed Bolding, Former Pima County Public Defender by Richard Van Duizend, Former Deputy Public Defender, Tucson, for appellant.


STRUCKMEYER, Justice.

This is an appeal from a judgment of the Superior Court of Pima County finding appellant guilty of unlawful possession of marijuana for sale. The sole question is whether a warrantless search of appellant's flight bag at the Tucson International Airport by a United States Marshal was lawful under the Fourth Amendment to the United States Constitution.

The search arose out of the following facts. On the afternoon of November 16, 1971,...

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