NCJ Number
62565
Journal
Columbia Law Review Volume: 71 Issue: 6 Dated: (JUNE 1977) Pages: 1039-1058
Date Published
1971
Length
20 pages
Annotation
THE CONSTITUTIONAL IMPLICATIONS OF SEARCHES OF COMMERCIAL AIRLINE PASSENGERS AND THEIR BAGGAGE PRIOR TO BOARDING ARE EXAMINED.
Abstract
ALTHOUGH THE OCCURRENCE OF ACTUAL AND ATTEMPTED HIJACKINGS WARRANTS SECURITY MEASURES AT AIRPORTS, THE PROCEDURES ADOPTED BY AIRLINES FOR DEALING WITH INDIVIDUALS IDENTIFIED BY THE HIJACKER PERSONALITY PROFILE OR THE MAGNETOMETER LACK UNIFORMITY. SOME AIRLINES CONDUCT RANDOM INSPECTIONS OF PASSENGERS, WHILE OTHER COMPANIES EXAMINE ALL PASSENGERS WITHOUT ANY BASIS UPON PROBABLE CAUSE OR OTHER FOUNDATION OF SUSPICION. BECAUSE MANY AIRPORT SEARCHES ARE NOT AUTHORIZED THROUGH THE ISSUANCE OF A SEARCH WARRANT FOLLOWING JUDICIAL SCRUTINY OF THE BASIS FOR SUSPICION, SUCH SECURITY MEASURES MAY INVOLVE CONSTITUTIONAL INFIRMITIES. THE FOURTH AMENDMENT PROTECTION AGAINST UNREASONABLE SEARCHES APPLIES ONLY TO GOVERNMENT AGENCIES. THEREFORE, FOR ANY SERIOUS CONSTITUTIONAL PROBLEM TO BE POSED BY AIRPORT SEARCHES, THE REQUISITE GOVERNMENT INVOLVEMENT MUST BE PRESENT. IN GOLD V. UNITED STATES (1967) NO CONSTITUTIONAL INFIRMITY WAS FOUND IN A SEARCH BY AIRLINE PERSONNEL. HOWEVER, IF THE GOVERNMENT OWNS THE AIRLINES' FACILITIES, THE AIRLINES MAY HAVE TO ADHERE TO THE CONSTITUTIONAL STANDARDS THAT BIND THE GOVERNMENT. THE WARRANT REQUIREMENT IS SUBJECT TO EXCEPTIONS WITH THE CONSENT OF THE SEARCHED PERSON AND DURING LAWFUL ARRESTS. TYPICAL AIRPORT SEARCHES ARE INCONSISTENT WITH THE PROBABLE CAUSE REQUIREMENTS OF STATUTES CONTROLLING BORDER INSPECTIONS AND CUSTOMS SEARCHES. THE WARRANTLESS SEARCHES SHOULD BE AS LIMITED AS POSSIBLE WITHOUT FRUSTRATING LEGITIMATE STATE INTEREST. THIS GOAL CAN BE ACCOMPLISHED BY CONDITIONING BAGGAGE SEARCHES UPON A POSITIVE INDICATION FROM THE MAGNETOMETER AND THE PROFILE ANALYSIS. FOOTNOTES ARE PROVIDED. (TWK)