Does a search of a passenger's luggage constitute a search warrant?

California, United States of America


The following excerpt is from People v. Daugherty, 50 Cal.App.4th 275, 57 Cal.Rptr.2d 666 (Cal. App. 1996):

In Royer, the defendant consented to a search of his luggage when agents identified themselves as narcotics agents, told him they suspected him of transporting narcotics, and asked him to accompany them to the agents' office while retaining his driver's license and plane tickets and without indicating he was free to depart. The high court held such action constituted a detention for which the agents needed reasonable suspicion. (Florida v. Royer, supra, 460 U.S. at p. 503, 103 S.Ct. at p. 1327.)

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