STATE OF FLORIDA, APPELLANT,
v.
RAYMOND ARNOLD BOOKOUT, APPELLEE
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Florida appealed a trial court's suppression of evidence found in an unclaimed suitcase opened by airline employees at an airport. The Fourth District Court of Appeal reversed, holding that the search did not violate the Fourth Amendment because it was conducted by private parties (airline employees) in accordance with normal lost-luggage procedures, not by government actors.
The court reversed the suppression order, holding that the Fourth Amendment does not protect against searches and seizures conducted by private individuals, and the airline employees' opening of the suitcase was a private search conducted for a legitimate and proper purpose (locating the owner of lost luggage) in accordance with the airline's established policy, not in furtherance of governmental action.
[1] The Fourth Amendment protection against unreasonable searches and seizures applies only to governmental action, not to searches conducted by private individuals.
[2] An airline's policy of opening unclaimed luggage to ascertain the owner's identity, in the absence of government involvement, does not constitute a search subject to Four…
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Join FLexlaw to unlock all legal intelligence“This is clearly a case of a search by a private individual for a wholly legitimate and proper purpose, and not a search performed for the benefit or with the knowledge of any government official.”
Establishes the court's characterization of the airline employees' search as a private search conducted without governmental involvement or instigation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA suitcase arrived on a Shawnee Airlines flight at Orlando Airport on September 13, 1971, and remained unclaimed for approximately one hour. The suitc…
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Appellee, Raymond Arnold Bookout, was arrested September 14, 1971, and charged with dealing in credit cards of another and possession of burglary tools. The tangible evidence against the defendant had been found in luggage seized and opened at the Orlando Airport terminal building. The defendant’s motion to suppress this tangible evidence was granted and the State has appealed pursuant to F.S. Section 924.-071(1), F.S.A.
On September 13, 1971, Shawnee Airlines Flight 104 from Ft. Lauderdale arrived at the Orlando terminal and discharged passengers and baggage destined for Orlando. All luggage was claimed except one yellow suitcase with a broken combination lock. It was inscribed with the initials J.M.H., but had no other visible identification as to the name and address of the owner. Approximately an hour later the baggage service manager for Shawnee Airlines, responsible for the lost and found articles, took the suitcase from the baggage claim area and accompanied by another employee of the airline proceeded to open the suitcase. These employees testified (at the hearing on the motion) that this was the procedure normally followed in attempting to ascertain the. name and address of the owner of luggage or baggage which remained unclaimed and was apparently abandoned. Upon opening the suitcase, the airline employees found a number of bank checks and a number of traveler’s checks, all with different names on them, two gasoline credit cards in another name, a blank driver’s license and small picks and files described as burglary tools. Upon making this discovery, the airline employees called the local office of the F.B.I. and this agency, having examined the evidence, called the Orlando Police Dept. The following morning the police were at the air terminal building to inventory the contents of the suitcase and were in the process of doing so when ap-pellee arrived. When he claimed the luggage as his, he was placed under arrest and charged with the stated offenses.
The trial court, in granting the motion to suppress, relied on the case of Corngold *216v. United States, 9 Cir. 1966, 367 F.2d 1. However, because of significant distinctions between the facts in the Corngold case and the facts in the case at hand, we conclude that the Corngold case is inapposite. There the airline employee who opened the package testified that he did so only at the request of the customs’ agents who had been following the defendant and who told the airline employee that they suspected the packages contained watches. The employee would not have opened the packages had the customs’ agents not approached him and requested him to do so. Furthermore, the package in that case was securely wrapped and tied, addressed to a person in New York, and delivered to the airline solely for transportation from Los Angeles to New York as air freight. In the case before us, the unlocked suitcase had arrived on a flight as personal luggage with no name or identification tag on the outside, and had remained unclaimed for more than an hour after its arrival at the baggage area. The luggage was opened in accordance with the airline’s policy to promptly ascertain the owner of any luggage which is apparently lost or abandoned. This is clearly a case of a search by a private individual for a wholly legitimate and proper purpose, and not a search performed for the benefit or with the knowledge of any government official. It has been consistently held that the Fourth Amendment protection against unreasonable searches and seizures applies only in cases involving governmental action, and does not afford protection against searches and seizures made by a private individual. Barnes v. United States, 5 Cir. 1967, 373 F.2d 517; Gold v. United States, 9 Cir. 1967, 378 F.2d 588; Wolf Low v. United States, 9 Cir. 1968, 391 F.2d 61; Clayton v. United States, 9 Cir. 1969, 413 F.2d 297; United States v. Winbush, 6 Cir. 1970, 428 F.2d 357; Bernovich v. State, Fla.1973, 272 So.2d 505; Burdeau v. McDowell, 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048 (1921).
The order granting appellee’s motion to suppress is reversed and this cause remanded for further proceedings not inconsistent herewith.
Reversed and remanded.
WALDEN and MAGER, JJ., concur.
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Pomerantz v. State, 372 So. 2d 104 (Fla. 3d DCA 1979)…istently held that the Fourth Amendment protection against unreasonable searches and seizures apply only in cases involving governmental action, and does not afford protection against searches and seizures by a private individual.” State v. Bookout, 281 So. 2d 215, 216 (Fla. 4th DCA 1973). “[E]vi-dence obtained as a result of a wrongful search by a private individual may be admitted into evidence in a criminal prosecution against the victim of the search if that search was not in any way instigated or partici…
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McDANIEL v. State, 301 So. 2d 141 (Fla. 1st DCA 1974)…plain view while the officers were where they had a right to be and that therefore the “plain view doctrine” applies. We agree with the State and affirm. (See Bernovich v. State, Sup.Ct.Fla.1973, 272 So. 2d 505; State v. Bookout, Fla.App. 4th 1973, 281 So. 2d 215; Barnes v. United States, U.S.Ct. of App. 5th Cir. 1967, 373 F. 2d 517; Burdeau v. McDowell, 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048 (1921); State v. Parnell, Sup.Ct.Fla.1969, 221 So. 2d 129; and State v. Clarke, Fla.App. 4th 1970, 242 So. 2d 791.…
Authorities Cited
- Burdeau v. McDOWELL, 256 U.S. 465 (U.S. 1921)
- Corngold v. United States, 367 F.2d 1 (9th Cir. 1966)
- Gold v. United States, 378 F.2d 588 (9th Cir. 1967)
- Barnes v. United States, 373 F.2d 517 (5th Cir. 1967)
- Wolf LOW v. United States, 391 F.2d 61 (9th Cir. 1968)
- Clayton v. United States, 413 F.2d 297 (9th Cir. 1969)
- United States v. Winbush, 428 F.2d 357 (6th Cir. 1970)
- Bernovich v. State, 272 So. 2d 505 (Fla. 1973)