Does a search warrant need to be issued to search a container that is not incident to an arrest?

This court has long held that in order to conduct a warrantless search of a closed container that is not incident to an arrest, there must be not only probable cause but exigent circumstances. See United States v. Johnston, 497 F.2d 397, 398-99 (9th Cir.1974). Here, the district court summarily asserted that "the agents were excused from the ordinary requisite of a warrant by virtue of the exigent circumstances." ³ The court did not specify what those circumstances were, but rather simply cited to three cases where the court had found exigency due to the imminent departure of a train. However, none of these cases adequately supports the district court's ruling in the instant case.