FlyerTalk Forums - View Single Post - My plan: a negotiated conditional patdown
Old Nov 27, 2010 | 5:06 pm
  #19  
RichardKenner
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by gojirasan
Seems interesting, but it's really only an issue if you live in a state like California that doesn't specifically have any laws against genital touching without sexual intent. Not being a lawyer I have no idea whether you can prosecute under federal law if there is no state law that directly applies.
You can apply the law of any juridiction containing the area where the event happened. But that law you cite only applies, as it says, in special jurisdictions (such as on ships).

As to BearX220's comment, the Constition and Federal law aren't the same. And also, nobody claims that the 4th Amendment doesn't apply at airports: that amendment doesn't prohibit all searches, just some, so the legal issue is whether the search is permitted under the 4th Amendment or not, not whether the amendment itself applies!
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