Originally Posted by
PhoenixRev
I seriously doubt the court would have given the TSA carte blanche to open an envelope simply because the TSO said he/she was searching for WEI. If the TSO in Fofana had said that was the case, my guess is the court would have run the TSO through the ringer asking if every test conceivable was done before the envelope was opened.
If all the tests had been done and nothing alarmed on that envelope, I am certain the judge would have asked why the envelope then had to be opened. If the TSO said, "that is SOP as we are looking for WEI such as an improvised det" I doubt the ruling would have been rendered any differently.
Did I say or suggest the judge would give the TSO "carte blanche" to conduct searches for WEI? No I didn't (however, I actually think they would, as our courts have held that random searches conducted by TSOs are legal (assuming they are looking for WEI)).
The search conducted in fofana was a selectee search, conducted after the passenger had sent his luggage through x-ray. And so far the courts have upheld these searches in court, even if nothing was observed by the x-ray TSO.