People v. McKinnon

In People v. McKinnon ((1972) 7 Cal.3d 899, a suspicious airline employee opened a cardboard carton labeled "personal effects" and discovered bricks of marijuana. The employee testified that he was entitled to do so pursuant to a Civil Aeronautics Board (hereafter CAB) rule designed to forestall fraudulent insurance claims. The evidence also showed, however, that the airport police had asked freight agents to "be alert" for and to open suspicious packages, and to call the police if contraband were discovered. (7 Cal.3d at p. 904.) The Supreme Court held that an unreasonable search conducted by a private individual is not the concern of the Constitution unless there is some form of active government involvement, such as joint participation, a specific request to search, or on-the-scene acquiescence. ( Id. at p. 912.) On the facts of the case the McKinnon court found none of the above to exist and perceived only "generalized appeals by the police for the assistance of" those citizens likely to come into frequent contact with drug traffic. Such appeals do not "deputize" those who respond to them; to the contrary, held the court, "detecting crime is a badge of good citizenship." ( Id. at pp. 914-915.)