Sapper

A Trans World Airlines (hereafter TWA) baggage representative, suspicious of a package handed him by appellant for shipment, X-rayed it, opened it, and found marijuana. People v. McKinnon ((1972) 7 Cal.3d 899 [ 103 Cal.Rptr. 897 , 500 P.2d 1097 ]) mandates that we affirm appellant’s resulting felony conviction (possession of marijuana for sale (Health & Saf. Code, § 11359)) on the ground that the search was “private” and not subject to the search and seizure clauses of the state (art. I, § 13) or federal (4th Amend.) Constitutions.

Early in the afternoon of September 12, 1978, Thomas Sapper carried a one-foot square cardboard box into the baggage service office of *303 TWA at San Francisco Airport. He wanted the box shipped to Philadelphia on the next flight out. Raymond Downs, who had worked in baggage service for TWA on and off for six years, asked Sapper, for insurance purposes, what the contents and value of the shipment were. Sapper said “art objects” worth “$300.” Downs thought the package should have been a “little heavier” if it indeed contained art. He “was suspect of the package” and became no less so when Sapper left the office somewhat hastily. He therefore…