No. 81-2158.

683 F.2d 296 (1982)

UNITED STATES of America, Appellee, v. Bradley Thomas JACOBSEN and Donna Marie Jacobsen, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1982.

Rehearing and Rehearing Denied October 14, 1982.

Attorney(s) appearing for the Case

James M. Rosenbaum, U. S. Atty., Janice M. Symchych, Asst. U. S. Atty., D. Minn., Minneapolis, Minn., for appellee.

Friedberg & Peterson, Mark W. Peterson, Minneapolis, Minn., for appellants.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and BECKER, Senior District Judge.

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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