FlyerTalk Forums - View Single Post - Gate ID checks - what's the point & repercussions?
Old Jul 20, 2010 | 11:46 am
  #52  
PTravel
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Join Date: Mar 2004
Location: Newport Beach, California, USA
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Originally Posted by studentff
IANAL, but my understanding is that TSA checkpoints as well as DUI checkpoints are Constitutionally "tolerable" because they are clearly marked at known and marked locations and people in theory have the ability to avoid them by turning around and not going through the checkpoint. TSA itself loves to claim that you consent to completing the search once you place your bag on the x-ray belt or enter the WTMD (or probably also the strip search machine), but that you can leave voluntarily at any time prior.

Gate searches are more of an ambush, particularly if the ambush is done in the jetway out of visibility of the gate area.
DUI checkpoints are constitutional provided that (1) there is notice, and (2) those selected for questioning are taken at random. There is no notice for gate screening and, on that basis alone, I believe they are unconstitutional.
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