In what circumstances will an airline employee be subject to search and/or criminal sanctions or exclusionary rule for improperly describing and shipping personal items?

California, United States of America


The following excerpt is from Tavernetti v. Superior Court, 148 Cal.Rptr. 883, 22 Cal.3d 187, 583 P.2d 737 (Cal. 1978):

McKinnon, however, is inapposite. The issue there was whether cardboard cartons, improperly described and shipped via air carrier at the rate for "personal effects," were "things readily moved" and thus, pursuant to Chambers v. Maroney (1970) 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, subject to search by a suspicious airline employee. In McKinnon there was no guiding statute, federal or state, relating to conduct by employees and no criminal sanctions or statutory exclusionary rule for conduct at variance with the statute.

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