Originally Posted by
Dr. HFH
They can, I believe. Similar to a security guard checking your bags as you leave a department store. However, I believe that you have the right to insist that a police officer (as opposed to a private security guard) do the search if you're willing to wait for one. I did that once at a department store, -- insisted that they could call the police or I would walk out.
My understanding of the law in California is that they can NOT go through your bags as you leave a department store. They can detain you while law enforcement is called IF they have reasonable grounds to do so -- otherwise they can be liable for false imprisonment and, if the physically prevent you from leaving, battery.
The exception is membership stores like Costco, where membership includes agreeing to inspection of personal items.
As for the plane context, if any airline personnel ever demanded to go through my carry-ons, I'd tell them, "call a LEO when we land and, in the interim, please let me know the address of the airline's agent for service of process."
I'm also unaware of any state or federal statute or CFR that allows an airline to hold passengers hostage until some would-be miscreant turns in a headphone he attempted to steal. Are you?