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Dec 7, 2011 | 4:19 am

#47

InkUnderNails

Join Date: Feb 2008

Location: Nashville, TN

Programs: WN Nothing and spending the half million points from too many flights, Hilton Diamond

Posts: 8,043

Quote:

Originally Posted by RadioGirl

You're not wrong, exactly, just a few years out of date.

Here's the way it goes in 2011:

1. There is a constitutional difference between an "administrative" search and a "criminal" search. Except that Congress said to TSA "make sure 9/11 doesn't happen again, we don't care how" and walked away. Also, the Constitution is apparently DOA.

[Snipped good stuff right on the money.]

I would like to add to #1, and IANAL. There is no "Constitutional" administrative search. It was carved out by the courts in the 1960's for totally unrelated reasons and has been expanded and applied far beyond the courts original intention. Subsequent opinions have added to the scope and breadth of the administrative search to the point that TSA feels everything it does applies under various interpretations and the 4th amendment is inoperative at their CP. The phrase "Administrative Search" is used to effectively silence its critics.

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