FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old Apr 29, 2009 | 2:01 pm
  #77  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by Superguy
I don't think anyone here really disagrees with that. There is disagreement on whether things should be searched for like drugs and so forth, , but not with items that fall under TSA's scope.

Consent is implied via an affirmative action - something that can't be mistaken as acceptance. At the checkpoint, that's placing your items on the belt for inspection. When you get a DL, it's a signature on the app with an acknowledgement that consent is given to check for BAC if there's reasonable suspicion that a driver may be drunk.

Simply placing a sign in a public area saying an organization is going to be searching doesn't give an opportunity for an affirmative action for implied consent.
They can't be searched for specifically. But if they're found while in the scope of the permitted search (weapons, etc.) then they're admissible.
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