United States v. Terry Lee Schafer

This is an appeal by Terry Lee Schafer from a judgment convicting her of unlawfully possessing a “depressant stimulant drug,” namely Lysergic Acid Die-thylamide (LSD) in violation of 21 U.S. C. § 360a(c) (1), 21 U.S.C. § 331 (q) (3) (A). The questions all concern the validity under the Fourth Amendment of a warrantless administrative search which revealed appellant’s possession of the drug. The facts are undisputed.

Pursuant to authority expressly granted by the Plant Quarantine Act ( 7 U.S.C. § 161 ) the Secretary of Agriculture has declared quarantined the State of Hawaii “to prevent the spread of [certain enumerated] plant diseases and insect infestations . . . which are new to or not widely prevalent or distributed within and throughout the United States. ...” 7 C.F.R. § 318 .-13. He further has decreed movement of any of the designated horticultural products “from Hawaii into the continental United States” to be impermissible without a prior inspection.

The Secretary further provided for the inspection of “all baggage and other personal effects of passengers ... of aircraft moving from Hawaii ... to ascertain if they contain any of the articles or plant pests prohibited…