FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Sep 13, 2011 | 3:46 pm
  #331  
ND Sol
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Originally Posted by joshwex90
How exactly is this an interrogation? And furthermore, would it still be unconstitutional then if it were private security as opposed to the TSA?
It depends on how it is structured. See US v. Davis as quoted above:

It makes no difference that the act of opening appellant's briefcase was accomplished by a "private" airline employee rather than a "public" official. The search was part of the overall, nationwide anti-hijacking effort, and constituted "state action" for purposes of the Fourth Amendment.
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