Originally Posted by
SgtScott31
As far as "qualifications," I simply stated an opinion. Why don't you give your argument as to why you think the 9th Circuit US Court of Appeals would have ruled differently in the Aukai case had it been private security instead of TSA who discovered the felony amount of drugs?
I don't know that it would have been different with Whackenhut, Argenbright, etc.
What I do think would be different is the reason WHY they found the search to be reasonable. They cited terrorism and probing as why the search was reasonable, which I think is pretty dubious ground. Had the search been found unreasonable, the evidence would have been tossed. I think in a pre-9/11 enviornment, a judge would have taken a different view of what was reasonable.
Also keep in mind this is just one ruling with regards to it. I'm not sure if it's binding precedent or not. I'd like to see it go up to the Supremes. I don't know that it's valid outside the 9th.
If evidence can be tossed even when a warrant is present because an LEO exceeded the scope, I think a challenge is in the making for challenging an administrative search's scope.
Super