¶1dissenting.
¶2I dissent from the majority’s conclusion that Powledge was acting as a private citizen at the time he opened the parcels addressed to McConnell as consignee. Given my conclusion that Powledge was acting as a state agent, it follows that his conduct was subject to the warrant requirements found in both the Federal and Alaska Constitutions.
¶3In Snyder v. State, 585 P.2d 229, 232 (Alaska 1978), this court observed that “[wjhile the facts of this case approach the outer limits of permissible police involvement, we conclude that Powledge’s conduct did not constitute governmental activity.” (footnote omitted) It is my opinion that the outer limits of permissible police involvement have been exceeded here. For, unlike the majority, I am persuaded that Powledge had a substantial financial motive, since in a significant number of cases he was able to “cash in” airline tickets, paid for by states where he was to testify. Pow-ledge was able to do this because as an airline employee he could fly free on an airline “pass.” It is this factor, when added to the facts recounted in Snyderconcerning the numerous searches of this sort conducted by Powledge and his ongoing relationship with law enforcement authorities, which has led me to the conclusion that Powledge’s actions cannot be characterized as those of a private citizen. I would therefore reverse the superior court’s denial of McConnell’s suppression motion.