Name, Cite, Date:        (D-petitioner) Abt V. (Respondent) Superior Court , 1 Cal. 3d 418, 
                                              462 P.22d 10, 82 Cal. Rptr. 481 (1969)

Procedural Setting:                 Superior Court of Los Angeles denied a motion by the defendant to 
                    supress evidence.  Defendant petitions for a writ of prohibition.

Facts:                   Petitioner brought two packages to American Airlines to be 
                    shipped.  Petitioner checked his packages in and left the airport.  
                    An employee subsequently cut one of the packages open,  found 
                    several tinfoil packages containing marijuana, closed the package,
                    then called police.  A police officer in examining the packages,  
                    could see tinfoil through a hole in one package, but no marijuana
                    was visible.  The officer proceeded to open the package, and found 
                    marijuana.  Petitioner was tracked down and arrested at a later 
                    time.

Issue:                   Is probable cause to believe that a search will reveal contraband, 
                    sufficient cause to justify a search without a warrant?

Holding:                                 No, probable cause to believe a search will reveal contraband, is 
                    not sufficient cause to justify a search without a warrant.  Writ of 
                    prohibition granted.

Reasoning of the court:          1.  Because the police had no warrant, the burden of proof in 
                        justifying the search and seizure, lies with the prosecution.
                       People v. Marshall, 669 Cal.  Rptr, 585 (1968)

                    2.  Personal effects are protected by the fourth and fourteenth
                        amendments, whether or not they are on the premisis of the 
                        owner.  
                        People v.  McGrew, 1 Cal.  3d 404, 409,462 P.  2d 1, 4-8, 82 
                        Cal.  Rptr.  473, 467-79 (1969)

                    3.  Only in certain circumstances does probable cause to believe a 
                         search will reveal contraband justify a search without a warrant.

                    4.  The exceptions to the requirement of a warrant are limited to
                         situations where the search is incidental to lawful arrest, where
                         there is a danger of "imminent destruction, removal, or 
                         concealment of the property intended to be seized"; or where
                         the evidence is in plain sight, which "is, in fact, no search for
                         evidence."
                        People v.  Marshall, 69 Cal.  2d at 56, 60-61, 442 P.  2d at 668, 
                        671, 69 Cal.  Rptr.  at 588, 591.

                    5.  The search was not incident to a lawful arrest.  Petitioner was 
                         arrested many hours after the search.

                    6.  There was no danger of the packages being removed or 
                         destroyed.

                    7.  The contraband was inside a wrapped package, therefore not in 
                         plain sight.