United States v. Terry Lee Schafer

KOELSCH, Circuit Judge.

This is an appeal by Terry Lee Schafer from a judgment convicting her of unlawfully possessing a “depressant stimulant drug,” namely Lysergic Acid Die-thylamide (LSD) in violation of 21 U.S. C. § 360a(c) (1), 21 U.S.C. § 331(q) (3) (A). The questions all concern the validity under the Fourth Amendment of a warrantless administrative search which revealed appellant’s possession of the drug. The facts are undisputed.

Pursuant to authority expressly granted by the Plant Quarantine Act (7 U.S.C. § 161) the Secretary of Agriculture has declared quarantined the State of Hawaii…