Can a search warrant be used to search a passenger's luggage when there are exigent circumstances?

We review de novo the district court's determination that exigent circumstances existed. United States v. McConney, 728 F.2d 1195, 1205 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 (1984).

One of the few exceptions to the Fourth Amendment's warrant requirement is the existence of "exigent circumstances." On facts quite similar to those in the instant case, our court has explicitly held that "[w]hen the exigencies of time and the possible removal of the contraband to another state create an emergency, no warrant is required." United States v. Ogden, 485 F.2d 536, 540 (9th Cir.1973). Ogden affirmed the constitutional validity of a warrantless search of luggage checked with an airline, when the scheduled departure of the flight made it impossible to obtain a search warrant. ³ As we find no principled basis for distinguishing that case, we hold today that exigent circumstances existed justifying the warrantless search of the contents of appellant's already-open luggage. ⁴