Rehearing and Rehearing En Banc Denied October 14, 1982.
LAY, Chief Judge.
The fundamental issue in this appeal is whether federal drug agents' warrantless search of a package damaged in transit and inspected by employees of a private carrier was a violation of the warrant clause of the fourth amendment. We find the search unconstitutional.
The facts may be briefly stated. A supervisor for Federal Express, a private freight carrier, discovered a damaged...
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