A question about the forth amendment.?

Question

Today I helped my grandmother packing for a vaction she was taking and she put a lock on her luggage and I told her not to because airport securtiry will either break the lock or destroy the bag. After saying that though I thought of the fourth amendement, which protects citizens against searches without a warrant or probabal cause and I got to wondering, how is it that these searches which are conducted across the board on all passengers are considered legal?

Answer 1

LEPAS. Legitimate Expectation of Privacy in the Area Searched.

Basically, a person must have an expectation of privacy to be able to object to a search. That's the source of the plain view exception, for example. Also, searches are allowed where there is either probable cause to believe a crime is in progress OR where there is some other valid and reasonable purpose for the search.

Airports and borders are highly regulated, and everyone passing through them knows they are subject to search. Thus, there is no reasonable expectation of privacy.

Also, because travel through an airport is voluntary, authorities can make passage subject to the requirement that travelers consent to being searched. If the traveler doesn't want to consent to the search, then they can use other means besides airlines for traveling.

So, either under the lack-of-standing issue because of the reduced expectation of privacy, or because of the implied consent for all travelers, authorities only have to demonstrate that the search is reasonable and not arbitrary. Since all luggage is subject to search, and because there are objective criteria for more detailed searches, there is no discrimination issue (when properly enforced, which granted it isn't always).

The rules would be different if they tried to search the luggage of everyone taking a bus or driving a car between states, absent probable cause, because there is at least some expectation of privacy there, and the fundamental right to travel (overland, not by air) makes forced searches unreasonable. Again, absent probable cause.

Answer 2

The key is "unreasonable" search and seizure. In the name of "protecting us", it has been deemed reasonable to randomly search baggage and in some cases there is probable cause to search baggage.

Also, I'm sure there is something written either on a plane ticket or when you enter the airport that you consent to being searched if you want to fly. You may not have seen it but it is surely there.
I do know there are signs before you get to security that say you could be searched (same with your baggage), so you implicitly consent to being searched if they think you should be. Consent is one of the exceptions in the 4th amendment.

Have your gramma buy one of those TSA approved locks and she'll be fine.

Answer 3

A couple of things come to mind. As part of the agreement to fly you subject yourself to having your luggage searched.There is also a question about TSA acting under the color of law. And if they are are they under the restraint of the Fourth Amendment or does this come under the heading of compliance with the Terry decision (Terry v. Ohio [1968]). Examining boarding luggage may not come up to the standards of Search and seizure, as it was decided in the Terry case that Stop and Frisk did not come up to the level to trip the 4th amendment protection. Also, as we have seen, in this War on Terror, there is less concern about an individual's rights as opposed to public safety and crime control.

Answer 4

It's legal, because somewhere in the small print it says your luggage is subject to random searches and by taking luggage you give consent.
When you enter a military installation they have signs saying by entering you consent to random searches of your car and belongings, when you enter a prison to visit you consent to searches of your belongings.
Personally I don't care as long as all my stuff is there. I know they can search it and do it to keep us save. If I have private things I don't take them on a plane.
Nothing to do with any administration, it's been that way for a long time.
In the past they did less searching and made you identify your luggage before going on the plane. As you entered the plane your luggage went on too, unfortunatly with people willing to die for their cause that doesn't work anymore.

Answer 5

Yes because by buying the ticket you are giving them permission to search. You can stop the search anytime you wish by not going on the plane.

You are not forced to be searched, you can choose not to fly.

Answer 6

for one thing this is a private airline so federal laws are not in place becuase the law pretains to federal and local authorities, and one must submitt to the search on not chose to use the plane, the other is even if it did cover private sector seaches their is reasonable cause to search at this point, although we probably never see green again in our lifetime on the terrorist threat-o-meter the law is superceded. i hope it helps some

Answer 7

OH sure! look on the meant 'enemy warring events' that have been held for 4 years or extra that have not even been charged with a criminal offense! i understand they are not human beings yet they are nonetheless human beings entitled to due technique. look at Bush's family spying software. it is only ridiculous! They saved it below wraps because of the fact they knew it replace into incorrect and are actually attempting to even administration the media to regulate the fallout. they do no longer seem to be above the regulation yet attempt to bend it to slot their needs. isn't the term harmless till shown to blame no longer you made a telephone call or some thing so now we are able to attempt to pin a criminal offense on you with none oversight? Police who understand drug sellers, etc. are crooked could desire to circulate contained in direction of the approach, why no longer them? they do no longer seem to be above the regulation no be counted what they think of. The 4th replace replace into created for only this reason and the present administration has carried out each little thing attainable to fully push aside the comparable regulations they are sworn to uphold. struggling with terrorism? it is been around for years, yet rapidly it is the hot capture word to larger somebody's political time table. This administration has carried out as plenty to larger the unfold of terrorism with the aid of turning the international increasingly extra against us with the aid of one undesirable determination after yet another because it has supposedly struggling with it. it is likewise helped to divide particularly of unite this united states of america whilst that's what we want the main.

Answer 8

If they search one person's luggage then they should search all, wouldn't you feel safer knowing everything was searched before you board that plane?

Answer 9

So your granddaughter will be safe and not hijacked or bombed during flight. Wake up granny. We are living in a different and more dangerous world.

Answer 10

This administration has stripped us of this right and many others.