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Old Dec 15, 2004 | 10:53 am
  #35  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by AdamK
To summarize, I think GradGirl has a good point in that the searches could change drastically between ticketing and travel. I believe that is why one is entitled to a full refund if he or she does not wish to be searched.
Using the NW CofC quoted above, in my lay opinion it is clear you are not entitled to a refund having already agreed to 'be searched' (explicitly or by omission).

The only chance would be if the subsequent changes in the (unspecified) search process were deemed to be either illegal or unconstitutional. As has been discussed in many previous threads, the courts have held that airport searches in their original form are exempt from 4th Amendment provisions. I don't think there has been any challenge that the current pat-down aspect constitutes unreasonable search, and although I wish someone would I expect the court(s) would conclude they are OK too .
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