FlyerTalk Forums - View Single Post - Court says TSA engaged in unlawful search. (Fofana)
Old Jun 25, 2009, 10:13 am
  #158  
RichardKenner
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by Bart
Agreed. That's why it's referred to the LEO: a person who has the training, authority and jurisdiction to determine if it meets the legal threshold for criminal investigation.
The constitutional problem, though, is that the referral to the LEO itself is overstepping the bounds of the administrative search. Once you've verified that no prohibited objects exist, you must be done. The only exception is if you've encountered evidence of a crime, not something that just might be a crime.

As I said earlier, where does this slippery slope end? By your logic, a TSO would be permitted to make an LEO referral because there was an iPod since it's possible that it contains illegally-downloaded material.
RichardKenner is offline