Originally Posted by
PTravel
In Davis and its progeny, we have established a general reasonableness test for airport screenings. “An airport screening search is reasonable if: (1) it is no more extensive or intensive than necessary, in light of current technology, to detect weapons or explosives; (2) it is confined in good faith to that purpose; and (3) passengers may avoid the search by electing not to fly.” Torbet, 298 F.3d at 1089 (citation omitted); see also Davis, 482 F.2d at 913; Pulido-Baquerizo, 800 F.2d at 901.
This gives me concerns about the legality of gate searches. Those searches are more extensive and intensive than what current technology is, i.e. x-ray machines. Also, I am unaware of a case in which a prosecution has been based on a "random" search at either the screening checkpoint or the gate. Based on dicta, a strong argument can be made that a "random" secondary search exceeds what is permissible.