Private parties opened a damaged package that revealed a tube with white powder. They turned it to a federal agent who then tested the powder and found it was cocaine
It was not a search because the search was done by a private party
Fed-ex cannot violate the 4th am. because they are not the gov.
If this was done by the gov. it would have constituted a search
Cannot do it if they are instructed by the gov. to engage in the search
The only information the federal agent could have found is whether or not it was cocaine
When the item looks incriminating it is different in nature from an innocent item
The only thing it reveals is whether or not it was actually cocaine.
It reveals nothing of the innocent.
If an innocent person’s luggage was searched, their private information could be revealed
Here, the innocent would only reveal being innocent
The search was already done when the federal agent got the package
All they did was “observe”
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