United States v. Jacobsen

Supreme Court of the United States · 1984 · Criminal Procedure

466 U.S. 109 (1984)

Updated July 27, 2026

Criminal ProcedureFourth AmendmentSearch and SeizurePrivate Search Doctrineprivate searchsearchseizurereasonable expectation of privacy

Facts

Federal Express employees examined a package that had been damaged and, after opening multiple layers of wrapping pursuant to company policy, discovered plastic bags containing white powder inside a taped tube. They notified DEA, replaced the items in the package, and invited a federal agent to inspect it. The agent removed the bags, saw the powder, took a trace amount, and conducted an on-the-spot chemical field test that identified the substance as cocaine. Agents later rewrapped the package, obtained a warrant to search the destination address, and arrested respondents.

Issue

Whether the Fourth Amendment required the DEA agent to obtain a warrant before removing a trace amount of white powder from a package previously opened by private parties and performing a chemical field test that disclosed whether the substance was cocaine.

Rule

A governmental search following a private search is evaluated by the degree to which it exceeds the scope of the private search. Reexamination by the government that reveals nothing beyond what the private search already revealed does not infringe a legitimate expectation of privacy, and therefore is not a Fourth Amendment search; additionally, a chemical test that discloses only whether a substance is cocaine compromises no legitimate privacy interest and is not a search. A seizure affecting possessory interests must still be reasonable, and destruction of only a trace amount of lawfully detained suspected contraband may be a constitutionally reasonable de minimis seizure.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a private shipping depot in Denver, employees of Front Range Parcel opened a torn box under company policy and found a metal canister containing two clear packets of white crystals. They repacked the box loosely and invited Officer Lena Ortiz to inspect what they had already seen. Ortiz removed the canister and packets and looked at the crystals without opening any additional container.

Did Ortiz conduct a Fourth Amendment search when she visually inspected the packets?

Explanation. Government conduct following a private search is judged by whether it exceeds the scope of the private search. Here, the private employees had already opened the damaged package and exposed the canister, packets, and white crystals. Ortiz's visual reexamination learned nothing new and therefore did not infringe any remaining legitimate expectation of privacy. That means it was not a Fourth Amendment search, though police handling may still raise separate seizure questions.