CRIMINAL LAW - SEARCH AND SEIZURE - MERE PRESENCE IN AN AIRPORT IS A FACTOR IN JUSTIFYING A FRISK - SKYJACKING DANGER JUSTIFIES EXTENSION OF SCOPE OF FRISK BEYOND 'PAT DOWN' - UNITED STATES V MORENO, 475 F.2D 44 (1973)

• NCJ Number: 17665
• Journal: Catholic University Law Review Volume: 23 Issue: 1 Dated: (FALL 1973) Pages: 157-163
• Author(s): J R WHALEY
• Date Published: 1973
• Length: 7 pages
• Corporate Author: Catholic University of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN MORENO, THE COURT UPHELD A SEARCH OF MAN WHO WAS PRESENT IN THE AIRPORT BUT HAD NOT ATTEMPTED TO BOARD AN AIRCRAFT, NOR CONFORMED TO THE BEHAVIORAL PROFILE, NOR EVEN ACTIVATED A METAL-DETECTING MAGNETOMETER.

Abstract

THIS CRITIQUE ANALYZES THE CONSTITUTIONAL BASIS OF MASS AIRPORT SEARCHES, WITHOUT PROBABLE CAUSE, OF BOTH PASSENGERS AND LUGGAGE. THE AUTHOR CONTENDS THAT MORENO REPRESENTS A RELAXATION OF THE REASONABLENESS REQUIREMENT 'WELL BEYOND AVAILABLE PRECEDENT' AND HAS THUS ELIMINATED BOTH SAFEGUARDS AGAINST ARBITRARY AND BIASED DECISIONS TO SEARCH - THE REQUIREMENT THAT THE INFORMATION JUSTIFYING THE SEARCH BE SPECIFIC AND THE REQUIREMENT THAT THE INFORMATION BE NEUTRAL AND OBJECTIVE.