FlyerTalk Forums - View Single Post - TSA and the Law
Thread: TSA and the Law
View Single Post
Old Apr 30, 2009 | 6:22 pm
  #70  
PTravel
FlyerTalk Evangelist
 
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Originally Posted by ND Sol
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.
This is what I've been saying right along. I think there is a significant constitutionality issue with gate searches, particularly when they involve a pat-down.

There have, however, been prosecutions based on discovery of non-security-related contraband in the course of a WTMD screening search.
PTravel is offline