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FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Practical Travel Safety and Security Issues (https://www.flyertalk.com/forum/practical-travel-safety-security-issues-686/)
-   -   Grounds for search AFTER the checkpoint (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1157640-grounds-search-after-checkpoint.html)

PTravel Dec 18, 2010 2:34 pm
Originally Posted by Wally Bird (Post 15476884)
I'm sure the TSA can spin that by simply claiming continuous screening (singular). A court ruling is obviously needed, but I don't see one coming anytime soon :( .
The point, however, is that statutes must be constitutional. I don't see how this statute could authorize that because, under current limitations on administrative searches, it would be unconstitutional as applied.

saizai Dec 20, 2010 2:49 am
PTravel - Please cite what limitation you think makes continuous administrative search unconstitutional.

N1120A Dec 20, 2010 4:00 am
Originally Posted by PTravel (Post 15422783)
I have maintained for some time (as my personal opinion, not my professional one), that there is no constitutional authorization of searches within the sterile area.
My personal opinion is the same.

DevilDog438 Dec 20, 2010 8:02 am
Originally Posted by saizai (Post 15486053)
PTravel - Please cite what limitation you think makes continuous administrative search unconstitutional.
I believe that would be the 4th Amendment...

PTravel Dec 20, 2010 8:30 am
Originally Posted by saizai (Post 15486053)
PTravel - Please cite what limitation you think makes continuous administrative search unconstitutional.
Read the cases that define the limits of administrative searches, as well as the cases on sobriety checkpoints.

saizai Dec 20, 2010 12:34 pm
I've read such cases. Could you point to something specific in case law against continuous search liability in the "clean" zone?

PTravel Dec 20, 2010 12:45 pm
Originally Posted by saizai (Post 15489366)
I've read such cases. Could you point to something specific in case law against continuous search liability in the "clean" zone?
You want me to cite cases? Maybe later in the week. I'm too busy today.


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