Why doesn't the 4th amendment apply to the international airports?

Question

I know this is a silly question n from what i understand the motive is b/c once u cross state lines u r subject to unlimited search. But besides that are there any other reasons, or am i just confused. Any help will be appreciated, thank u in advance!!

Answer 1

If you are an American citizen, in an American international airport you are still covered by the fourth amendment. If you notice they ask for permission to examine your bags. You have the option to refuse, however the airport has the option to refuse to give you a flight. The ability to fly is not a constitutional right, the same with driving or operating a vessel. These are highly regulated privileges subject to the federal Governments rules and regulations. Now if you are traveling from a foreign country into the united states you are subject to a Customs Border search. This is to insure the well fair of plants, animals and the American currency.
A personal search of an American on American sovereign soil is always covered by the fourth amendment. The way a police officer can search you is if he/she has reasonable suspicion that a crime has been committed and fruits of that crime will be found in the area of the search. Customs border searches are completely different because you show manifest intent to enter the US from a foreign sovereign Nation.

Answer 2

First of all, the Fourth Amendment protecting against unwarrented searches only applies to airports on American soil. Next, some airports may be exempt for this because not only under the fourth amendment does is say that: "under reasonable blah blah i forgot but means basically that if they have enough evidence to suspect you, they can search you", and also that this doesn't apply to airports because of security reasons.
It doesn't matter or not whether you cross state lines or not. The Bill of Rights apply on a federal level, that means everywhere within the United States and I think this applies in Hawaii and Alaska to though I'm not sure.
For searches out of airports, it is completely different. Not only do they have to suspect you, but the also need a warrent that is signed by judge and states what they are looking for. This is more complicated than just airport searches that are done randomly and for the safety of all travelers.

-I disagree with Tidypool that you allowed to not allow searches. Being that international airports are not considered technically U.S. soil you are required to be searched. Unless you are guilty of anything like possession of drugs or weapons then you should not be afraid of a search. Plus, the searches are done anyway, for example, when they x-ray your baggage and now even your shoes. When they sift through your clothes and everything you packed so neatly. When they make you go through a metal detector and if you still look suspicious they frisk you with their hands. Then if they think you hiding something under your clothes they will do a strip search.
So there is no way of not consenting to a search at the airport. Anywhere else, you can probably get away and claim if the search you or your house or car without a warrant, anything they find cant be used against you. By the time they get a warrant you'd hopefully found someplace to bury whatever you have that might've been incriminating against you.

Answer 3

Apparently, the second amendment doesn't apply there, either.

;-)

Seriously, the Bill of Rights, though valuable, is extremely vague and, as written, basically only applies to what Congress can do to us - not what airports, private companies, (arguably) states, and we now see, the NSA, can do. There tends to be the argument that we have rights A, B, and C as long as we don't actually leave our homes, work, or conduct business of any kind. If we want these priveleges, we have to give up our rights. I don't mind the airport searches so much, since they are for a clear and immediate safety puprose. I do object to having my pee tested for jobs (other than, perhaps, a few jobs that puts the safety of others in my hands, such as being an airline pilot or a surgeon) and in public schools..

Answer 4

Think about it. The constitution was drafted and applies to the US. International Airports do not have to follow our laws. They are not govern by the same entity (government) that the US is. Therefore, the laws of that country apply. The Fourth Amendment applies to all states equally. However, international travel dictates "reasonable" probability. Their thought is, if you are not trying to get something in or out of the US that you are not suppose to, then there is not a problem. You might also want to check internation laws through the FAA or the NTSB

Answer 5

No unlimited searches crossing state lines.At the airport you are giving a consent to search.If you refuse to be searched you can't board the aircraft..They can't search you against your will.Unless you are under arrest or for their protection.(Terry Vs Ohio).

Answer 6

Inspections in airports are justified to prevent the introduction of explosives to airplanes because of the threat of terrorism. It is a valid exercise of the police power of the state to have a safe aviation industry.

Answer 7

Because the government (and so far courts) have not considered the search "unreasonable"

Answer 8

The answer is in your question. Amendments are not international.

Answer 9

the constitution doesn't really have much to do with how america runs, these days. also, if you're in another country, you're subject to their laws.