Originally Posted by
phenixdragon
So basically then the courts have just made things up.
Not at all.
I answered you in another thread but here is the full definition of the term and case references:
Administrative search*
Definition
: an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usu. to enforce compliance with regulations or laws pertaining to health, safety, or security <one of the fundamental principles of administrative searches is that the government may not use an administrative inspection scheme as a pretext to search for evidence of criminal violations .People v. Madison, 520 N.E.2d 374 (1988)>
see also probable cause at cause
The U.S. Supreme Court held in Camara v. Municipal Court, 387 U.S. 523 (1967), that a reasonable administrative search may be conducted upon a showing of probable cause which is less stringent than that required for a search incident to a criminal investigation. The Court stated that the reasonableness of the search can only be determined by «balancing the need to search against the invasion which the search entails." Cases following Camara have stated that the probable cause requirement is fulfilled by showing that the search meets reasonable administrative standards established in a nonarbitrary regulatory scheme.
TSA searches are considered nonarbitrary since all pax are subject to screening for WEIs and authority to conduct searches was granted by those pesky regulators known as Congresscritters. To challenge the TSA's authority in court one would have to address (at least) the notions of scope, probable cause, nonarbitrariness, and particularly, reasonableness -- a very tough argument to advance, in my humble layperson's opinion.
Originally Posted by
phenixdragon
It is pretty straight forward that the 4th amendment means ALL government.
The Constitution is not the sole source of law in this country. Case law, statutes and regulations also contribute to our body of rules.
*Source: Legal dictionary, lawyers.com