United States v. Richard Alan Haes, D/B/A H & H Distributing Co.

I respectfully dissent. I agree that appellant had standing under our holding in United States v. Kelly, 529 F.2d 1365, 1370 (8th Cir. 1976). My disagreement is with the majority holding that “the real search [in Denver] was not made by freight employees but solely by agents of the FBI.”

FBI agents brought a projector to the Emery Air Freight office in Denver after being notified that films had been discovered in a lawful private search by Emery Air Freight employees. The contents of the package had been mislabeled as printed matter and a caller had requested that the package be delivered to…