Originally Posted by
law dawg
Could not the limited consent search implied by a checkpoint not be expanded to include the ID?
Depends on interpretation of the "scope clause" implicit in a TSA search.
We've had discussions here about what it should be (to some), what it shouldn't be and what it actually seems to be. My view is that the TSA ought to be empowered to search only for those items which are a threat to aviation security, specifically weapons and explosives. An ID, real or fake, is not a threat - it's a piece of paper !
Others argue for the "plain view" doctrine which has led to TSA fingering drugs, large amounts of cash etc. and err... detaining the perp for a LEO.
The Gilmore opinion which AFAIK still stands, seems clear on opting not to show ID
to the TSA on penalty of being searched more rigorously.