NCJ Number
14114
Journal
Criminal Law Bulletin Volume: 9 Issue: 6 Dated: (JULY-AUGUST 1973) Pages: 491-517
Date Published
1973
Length
27 pages
Annotation
THE AUTHOR EXPLORES THE RIGHT TO PRIVACY CONSIDERATIONS RELATED TO AIRPORT SECURITY SEARCHES AND CALLS FOR LIMITATIONS BOTH ON THE SEARCH AND THE EVIDENTIARY USE OF PROPERTY SEIZED DURING THE SCOPE OF THE SEARCH.
Abstract
THE CHARACTERISTICS OF PRESENT AIRPORT SECURITY PRACTICES ARE REVIEWED TOGETHER WITH PROPOSED MODIFICATIONS. THE APPLICABILITY OF THE FOURTH AMENDMENT TO AIRPORT SECURITY SEARCHES IS DISCUSSED, TAKING INTO CONSIDERATION SUCH FACTORS AS THE WARRANT REQUIREMENT, PASSENGER CONSENT, AND THE SEPARATE JUSTIFICATIONS OF 'PROBABLE CAUSE' AND 'REASONABLE SUSPICION'. PERTINENT JUDICIAL DECISIONS IN THESE AREAS ARE ALSO CITED. THE AUTHOR PROPOSES AN INDEPENDENT JUSTIFICATION FOR AIRPORT SECURITY PROCEDURES TOGETHER WITH PROPOSALS TO LIMIT THEIR SCOPE, CONSIDERED ARE LIMITS ON THE INTRUSION, EXCLUSIONARY RULES COVERING NON-WEAPON OBJECTS SEIZED, AND LIMITATION ON THE ARREST AUTHORITY OF AIRPORT SECURITY PERSONNEL. IT IS SUGGESTED THAT THE APPROACH PROPOSED HERE MAY BE APPLIED TO OTHER CITIZEN-POLICE CONTACTS WHICH MIGHT BE CALLED 'ENTRY INSPECTIONS'--INSPECTION TO WHICH A CITIZEN MUST SUBMIT AS A CONDITION OF ACCESS TO OR USE OF SOME FACILITY.