Tiffany

Appellant Tiffany on October 2, 1971, in the process of boarding an airplane bound for San Francisco, alerted a magnetometer through which he was required to pass. Accosted by a deputy marshal who inquired whether he had “any guns, knives, weapons or tear gas,” he was asked to “step over to the table immediately adjacent to the area for inspection of your carry on articles.”

*181 In reply to the deputy’s question whether he had guns, appellant said no. No contraband or metal was found. As . the deputy replaced the removed articles into the bag from which they were emptied appellant said to the deputy “It is a good thing you did not find my machine gun in there.”

The deputy without frisking appellant demanded that appellant remove a small plastic opaque box four and one-half inches in length by three and one-half inches width, one-half inch thick visible in appellant’s breast coat pocket. Appellant did so, opened it at the deputy’s request and the deputy noticed what he thought were two empty shell casings which looked like bullets but were the .disassembled parts of a cigarette holder. As the deputy reached for the box, it fell to the floor and one of the parts of the…