United States v. Edward Ellsworth Wilson , 392 F.2d 979 ( 1968 )

BARNES, Circuit Judge

(dissenting).

I respectfully dissent for the following reasons:

(a) Those set forth in my dissent in Corngold v. United States, 367 F.2d 1 (9th Cir. 1966);

(b) the facts herein show this was not a search by federal officers, but one undertaken and initiated solely by air line employees, in which government agents later participated to a limited, unsubstantial, and minor, degree. I conclude it was in truth a private search, and in no sense a government search;

(c) the facts in this case more closely resemble those held controlling in Gold v. United States, 378 F.2d 588 (9th Cir. 1967), than they do those found in Corngold v. United States, supra.