Dooley

Defendant Francine Elaine Dooley’s appeal is from an order granting probation, following her plea of guilty to possession of a controlled substance for sale (Health & Saf. Code, § 11378).

For the reasons which we now state, the appeal is found to be without merit and the order granting probation will be affirmed.

The appeal concerns the validity of a Federal Aviation Administration (“F.A.A.”) flight security regulation. The regulation authorized a non-consensual search of a commercial airline traveler’s previously checked-in luggage, following an anonymous telephone warning of a bomb on the airplane in which the luggage had been stowed, even though the passenger elected to forego the flight and depart with the unexamined luggage.

The relevant facts are uncontroverted.

The passengers of United Airlines flight 136 had boarded the airplane at San Francisco International Airport after submitting to a magnetometer and hand-luggage search required by F.A.A. security regulations. The plane, with a passenger and crew capacity of about 250, was taxiing to an airport runway when an anonymous telephone call to the airline’s security officer said: “[O]n that Flight 136 to…