People v. Smith

OPINION OF THE COURT

Sullivan, J.

On this appeal we are called upon to determine if the actions of a Port Authority police officer in conducting a warrantless search and seizure of a package scheduled to be *191sent as airfreight was justified under the emergency exception. It should be noted that this was the sole basis advanced by the District Attorney at the hearing and on this appeal. The hearing court determined that the actions of the police officer were not within this limited exception and suppressed the contents of the package and all that flowed from it. Upon the record before us, we…