FlyerTalk Forums - View Single Post - The latest TSA Big Catch™ in FLL… some fake IDs
Old Aug 12, 2010 | 3:14 am
  #32  
We Will Never Forget
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Originally Posted by LessO2
And according to Fofana, the bag check should be limited to a search in regards to aviation safety.

And since findings multiple IDs is unlikely to be deemed such a threat, you can bet someone (the screener) is going to be informed on what to say and what not to say.
Apples to oranges.

The screener in that case admitted to fishing.

She admitted, however, that when she opened the
envelopes she did not believe that they contained weapons or explosives, but instead was looking
for contraband. (5/13/2009 Hr’g Tr. 97-99.) Stroud testified that money, passports, and
envelopes containing mail are not prohibited items. (5/13/2009 Hr’g Tr. 99.)


Therefore, an airport security search is
reasonable if: (1) the search is “no more extensive or intensive than necessary, in light of current
technology, to detect the presence of weapons or explosives;” (2) the search “is confined in good
faith
to that purpose;” and (3) a potential passenger may avoid the search by choosing not to fly.
Aukai, 497 F.3d at 962. The mere fact that contraband other than weapons or explosives is found
during an airport screening search, however, does not itself render the search unconstitutional.
Marquez, 410 F.3d at 616.
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