Originally Posted by
janetdoe
While this case was about crack and not marijuana, I think the logic shows pretty clearly that if TSA finds the material through a 'reasonable search', then they can refer it to the appropriate law officials (in this case the Feds) for prosecution.
Except we have no evidence that that's what happened. It seems much more likely that TSA called the local law and they investigated and kicked it up to a federal case later in the game-- not that the TSA called the feds directly. A lot of federal drug and gun cases originate with non-federal LE investigating and feds never even being on the scene.
Originally Posted by
janetdoe
The evidence TSA found can be used in a court case against you.
Most of the time.
Originally Posted by
janetdoe
If the 4th Amendment doesn't concern the TSA, then why would the 10th? In any case, the fact that you are traveling across a state line removes this out of 10th Amendment territory - it's a federal crime and TSA can call the feds.
It is already a federal crime without crossing state lines-- the 10th Amendment doesn't apply in either case.
Originally Posted by
janetdoe
ETA: Just read the Fofana decision. It does seem that if the marijuana is reasonably packed so that it is obviously not a threat to airplane security, TSA really can't poke around to determine whether or not it is an illegal substance.
Exactly-- but what's to stop them? A Judge's opinion that they've never read? The SOP which they already routinely ignore? Their supervisors?
Originally Posted by
janetdoe
Do any airports have drug-sniffing dogs outside of the international customs area?
My home airport (big) does not unless there is a special investigation.
Originally Posted by
thegreathabibi
your medical marijuana is only good in your state, traveling with it to any state even another medical marijuana state is illegal. ESPECIALLY on an airplane or by mail
Is there a sentence enhancement or additional crime that applies to traveling by air with drugs as opposed to by ground?
Originally Posted by
thegreathabibi
Will they find it or do anything if they do?
Well-- if the local law in the home state is alerted, they will do nothing. Beyond that, it is unclear but seems that it will be ignored unless it is a large quantity that would make a good catch. I can't find a case in which the feds prosecuted someone for simple possession of a small amount of marijuana unless they had an unrelated agenga or it was on federal property.