Walter v. United States

It is well settled that an officer’s authority to possess a package is distinct from his authority to examine its contents. When the contents of the package are books or other materials arguably protected by the First Amendment, and when the basis for the seizure is disapproval of the message contained therein, it is especially important that this requirement be scrupulously observed.

Some circumstances – for example, if the results of the private search are in plain view when materials are turned over to the government (see United States v. Jacobsen) – may justify the government’s re-examination of the materials. However, the government may not exceed the scope of the private search unless it has the right to make an independent search. The nature of the contents of the films was indicated by descriptive material on their individual containers. This did not allow the government’s unauthorized screening of the films absent consent, exigency or a warrant. The screening 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. Therefore, the intrusion of viewing the films with a projector was unreasonable.