Originally Posted by
PTravel
I do believe, based on existing case law, that the "standard" WTMD checkpoint procedure of boarding pass and ID examination, passing through the WTMD, screening by wand (and, to a far more limited extent that is currently practiced, by hand), x-ray and subsequent discretionary hand search of carry-ons, is constitutional).
Excuse me for jumping out of Devil's Advocate mode but you just hurt my brain.
How can a procedure like the forced ID verification as a criterion for granting access to the sterile area not constitute a Constitutional violation by stepping way outside the statutory bounderies of the administrative search when a BDO program or gate searches does?
Title 49 § 1540.5 Terms used in this subchapter.
Sterile area means a portion of an airport defined in the airport security program that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter,
through the screening of persons and property.
Screening function means the inspection of individuals and property
for weapons, explosives, and incendiaries.
Screening location means each site at which individuals or property are inspected
for the presence of weapons, explosives, or incendiaries.
No where in the statute does it give the TSA the right to examine an ID.