United States v. Raymond Edwards, United States of America v. David Richards

PETTINE, District Judge.

Appellants were convicted of possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841, and conspiracy to commit the same crime, in violation of 21 U.S.C. § 846. Both Richards and Edwards challenge the admission into evidence at trial of the heroin seized in the course of the government’s investigation and arrests. The questions we must resolve are: 1) whether the search of an air freight package by an airline employee constitutes government action, by virtue of pertinent federal statutes and regulations sufficient to invoke the protections of the…