AIRPORT SEARCHES

Bryan R. LemonsFederal Law Enforcement Training Center

(912) 267-2945

blemons@fletc.treas.gov

United States v. Albarado495 F.2d 799 (2d. Cir. 1974)

“Depriving a hijacker of his weapon is critical, because by means of a weapon like a pistol or even a knife the hijacker may literally turn the plane itself into a weapon, threatening not only those within it, but those on the ground as well. In short, the plane may become a weapon of mass destruction that no ordinary person would have any way of obtaining except through a hijacking.”

JUSTIFYING AIRPORT SEARCHES

• Administrative Searches

• Terry Searches- Terry “frisks”

• Consent Searches

ADMINISTRATIVE SEARCHES

• Requirements. The search must be …

- In furtherance of an administrative purpose (to deter potential hijackers) …

- And not to discover contraband or evidence unrelated to that purpose.“Screening searches of airline passengers are conducted as part of a general regulatory scheme in furtherance of an administrative purpose ….” United States v. Davis, 482 F.2d 893 (9th Cir. 1973)

TERRY SEARCHES

• Requirements: Reasonable suspicion suspect is presently armed and dangerous.

“Tragic experience has taught us more than once that such deterrence must begin before the hijacker is about to step onto the plane.” United States v. Moreno, 475 F.2d 44 (5th Cir. 1973)

• Boarding Gate: Search is allowed on mere or unsupported suspicion.

• General Airport Area: Reasonable suspicion is required.“We note a sharp distinction between a search conducted at an airport boarding gate and the search of certain persons in the general airport area.” United States v. Wehrli, 637 F.2d 408 (5th Cir. 1981).

TERRY SEARCHES

CONSENT SEARCHES• Requirements. Consent must be …

- Voluntary

- Actual or Apparent Authority

“It is well-settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent.” Schneckloth v. Bustamonte, 412 U.S. 218 (1973)

• Generally: Passenger must be given the opportunity to avoid the search by refusing to fly.

• However … once bags are submitted for examination, the right to refuse consent ends.“To avoid a search, a passenger must elect not to fly before placing his bag on the x-ray belt.” Torbet v. United Airlines, 298 F.3d 1087 (9th Cir. 2002)

CONSENT SEARCHES