NCJ Number
15778
Journal
Valparaiso University Law Review Volume: 8 Issue: 1 Dated: (FALL 1973) Pages: 85-106
Date Published
1973
Length
22 pages
Annotation
DISCUSSION OF THE CONSTITUTIONALITY OF AIRPORT SEARCHES OF PROSPECTIVE PASSENGERS AND BAGGAGE IN THE LIGHT OF THE FOURTH AMENDMENT RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURE.
Abstract
CONSIDERED ARE THE MAGNETOMETER (WEAPONS DETECTOR) SCREENING, THE 'STOP AND FRISK' APPROACH, THE PHYSICAL SEARCH OF CARRY-ON BAGGAGE, AND THE SEARCH OF CHECKED BAGGAGE. THE USE OF THE BEHAVIORAL PROFILE - A LIST OF 25 TO 30 COMMON TRAITS EXHIBITED BY ACTUAL HIJACKERS - TO IDENTIFY POSSIBLE HIJACKERS IS ALSO DISCUSSED. COURT RULINGS ARE CITED WHICH DELINEATE THE CONSTITUTIONALITY OF THE USE OF THESE SEARCHES. IT IS CONCLUDED THAT THE MAGNETOMETER SCREENING AND THE X-RAY SEARCH OF CARRY-ON LUGGAGE WERE NOT UNREASONABLE SEARCHES. HOWEVER, AIRPORT SECURITY OFFICERS MUST HAVE A PASSENGER'S INFORMED AND UNCOERCED CONSENT TO A PHYSICAL SEARCH OF HIS OR HER PERSON OR LUGGAGE, SO AS NOT TO RISK INFRINGEMENT OF THE PASSENGER'S PERSONAL RIGHTS. THIS ARTICLE FURTHER POINTS OUT THAT SINCE THE PURPOSE OF AIRPORT SEARCHES IS TO PREVENT AIRLINE HIJACKINGS, PASSENGERS DO NOT HAVE TO SUBMIT TO FURTHER SEARCHES AFTER A POSITIVE X-RAY OR MAGNETOMETER SCREENING IF THEY CHOOSE NOT TO BOARD THE AIRPLANE.