People v. Smith

Eiber, J. (dissenting).

The central issue on appeal is whether it was reasonable for a Port Authority police officer to conduct a warrantless search of a package, which was left with airline personnel to be shipped, and which was suspected of containing an explosive device. We would answer this question in the affirmative.

On June 29, 1985, an individual, later identified as the defendant, dropped off a package at La Guardia Airport’s "Sprint” shipping counter. Dolores Birch, the baggage service agent, was informed by the defendant that the package contained surgical instruments. A terrorist…