Originally Posted by
cottonmather0
This is where my problem lies and where I think there is a conflict with existing 4th Amendment jurisprudence. The carve-out for "administrative" searches has nothing to do with finding "something illegal". Period. That carve-out was written 40 years ago (with a couple of tweaks over the years) based on metal detectors and bag x-rays looking for explosives and weapons.
Unless it's a weapon or some other explicitly defined item that is prohibited for air travel, it's none of TSA's business. Or at least it shouldn't be.
I think the real problem here is that TSA employees, as public employees, are obligated to report when they suspect a crime is being committed --- even if that crime is unrelated to their duties. This isn't without precedent in other sectors of public life. For example, my pastor told me about a member of his former congregation who, as a firefighter, couldn't attend any service where open candles were being lit, because in that jurisdiction, open candles technically violated the fire code. And, in general, having public servants turning a blind eye to crimes being committed presents its own problems.
On the whole, I agree that administrative searches tend to look like warrantless searches for contraband --- or, at least, have the same effect. I'm just not sure how you navigate between those two alternatives, neither of which is ideal.