Today, 6:21 pm #323
battensea
Quote:
Originally Posted by Boggie Dog
Can anyone explain to me how interrogation by TSA fits the carve out for an Administrative Search limited to WEI?
Good question.
Not directly answering that question, here are a few nuggets to chew on:
[T]he need for some limitations upon these rights [the passenger's right to travel and right to personal privacy] is clear. In light of that need, a screening of passengers and of the articles that will be accessible to them in flight does not exceed constitutional limitations provided that the screening process is no more extensive nor intensive than necessary, in the light of current technology, to detect the presence of weapons or explosives, that it is confined in good faith to that purpose, and that potential passengers may avoid the search by electing not to fly.
United States v. Davis, 482 F.2d 893 (9th Circ. 1973)
Seems any form of interrogation does not detect the presence of weapons or exlosives and if so the BDO interrogation trial violates the accepted boundaries of an Administrative Search.