Walter v. United States

In Walter v. United States, 447 U.S. 649 (1980) the private party opened a carton containing rolls of motion picture films that appeared to be contraband, and later turned the carton over to the FBI without viewing or otherwise inspecting the films. The FBI, without obtaining a warrant, used a projector and viewed the films. It was held in a plurality opinion that the FBI's viewing of the films using the projector "was a significant expansion of the search which had been conducted previously by a private party and therefore must be characterized as a separate search." (Walter v. United States, 447 U.S. at 657.) In that case, 12 large, securely sealed packages containing 871 boxes of 8-millimeter film depicting homosexual activities, shipped by private carrier, were mistakenly delivered to the wrong company. Employees of the wrong company opened each of the packages, finding individual boxes of film, some of which contained explicit descriptions of the contents. The employees called an FBI agent who picked up the packages. Thereafter, without making any effort to obtain a warrant or to communicate with the consignee or the consignor of the shipment, FBI agents viewed the films with a projector. The court held that the fact that FBI agents were lawfully in possession of the boxes of film did not give them authority to search their contents. "Even though the case before us involves no invasion of the privacy of the home, and notwithstanding that the nature of the contents of these films was indicated by descriptive material on their individual containers, we are nevertheless persuaded that the unauthorized exhibit of the films constituted an unreasonable invasion of their owner's constitutionally protected interest in privacy. It was a search; there was no warrant; the owner had not consented; and there were no exigent circumstances." ( Id. , at p. 654.) The Walter case, in which the "nexus rule" was not invoked, is not applicable under the facts and circumstances of this case. The court in Walter noted that the projection of the films was a significant expansion of the search that had been conducted previously by a private party and therefore must be characterized as a separate search. ( Id. , at p. 657.)