FlyerTalk Forums - View Single Post - Replace the TSA... With what????
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Old Oct 31, 2010 | 11:10 pm
  #22  
Ellie M
 
Join Date: Oct 2010
Posts: 449
Originally Posted by InkUnderNails
As a private business would not a screening contractor have to face different liability and administrative search requirements than a government agency? The way I understand case law, and I am not nor do I pretend to be anything other than a novice observer, the administrative search that allows the current discretion requires a governmental agency to perform the such. Can they contract out this governmental function? A simple yes or no will suffice. I am not fishing, just asking.
Yes, they can contract it out.

Even in the 70s, when all airport security was private, courts found that airport screening was part of a federal anti-hijacking effort and was an administrative search. U.S. v. Davis
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