Originally Posted by
RichardKenner
I don't think it is a different area of law at all: it's my understanding that the "administrative search doctrine" originated in precisely these kinds of searches related to licensing. But I haven't seen the TSA use consent as a defense in any of the cases against them related to checkpoints, so I'm not sure how relevant that part is.
I don't think the TSA will even attempt to use the "administrative search doctrine" if push comes to shove in court as they know they'll likely loose. They're more likely to claim the "necessary for the public good doctrine" that was used to legalize DUI checkpoints. Courts have basically admitted that DUI checkpoints are 4th amendment violations but that the greater good of public safety outweighs the supposed violation of individual rights. It's funny, I don't remember seeing this 'public good' exception in my copy of the constitution or the bill of rights, but it must be there somewhere...