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CONSTITUTIONAL LAW - AIRPORT SEARCHES AND THE EXCLUSIONARY RULE - VALID POLICE WORK OR PROSECUTION BY WINDFALL - UNITED STATES V SKIPWORTH, 482 F 2D 1272 (5TH CIR 1973)

NCJ Number
15798
Journal
University of Florida Law Review Volume: 26 Issue: 2 Dated: (WINTER 1974) Pages: 329-338
Author(s)
R T HYDE
Date Published
1974
Length
10 pages
Annotation
IN UNITED STATES V. SKIPWORTH THE FIFTH CIRCUIT COURT OF APPEALS HELD THAT CONTRABAND SEIZED IN AN AIRPORT BOARDING-GATE SEARCH FOR WEAPONS IS NOT SUBJECT TO THE EXCLUSIONARY RULE.
Abstract
THE AUTHOR CONTENDS THAT THIS CASE WAS INCORRECTLY DECIDED SINCE THE COURT REJECTED WITHOUT DISCUSSION AN IMPORTANT BASIS OF THE EXCLUSIONARY RULE - ENFORCEMENT OF THE FOURTH AMENDMENT RIGHTS OF THE INDIVIDUAL. IN ADDITION, HE POINTS OUT THAT EXCLUSION AT TRIAL OF CONTRABAND SEIZED IN AIRPORT SEARCHES WOULD NOT DISTURB OR DETER THE DETECTION OF POTENTIAL HIJACKERS, WOULD NOT PROHIBIT CONFISCATION OF CONTRABAND UNEXPECTEDLY DISCOVERED IN AIRPORT SEARCHES, AND WOULD NOT PREVENT THE GOVERNMENT FROM SUBSEQUENTLY MONITORING THE ACTIVITIES OF A POTENTIAL DRUG DEALER TO ESTABLISH PROBABLE CAUSE. OTHER APPELLATE AND SUPREME COURT DECISIONS DEALING WITH AIRPORT SEARCHES, MOST OF WHICH FOCUS ON THE REASONABLENESS OF THE SEARCH, ARE ALSO CITED AND DISCUSSED.