Airport security: there’s no backing out

Here’s something to keep in mind when you’re standing in line at the airport TSA checkpoint: there’s no turning back. At least that’s what a court has decided.

On Friday, the 9th U.S. Circuit Court of Appeals said airline passengers lose their right to object to a search after they go through initial security screenings. (Here’s the text of the decision as a PDF.)

The decision involved a Hawaii airline passenger, Daniel Kuualoha Aukai, who was arrested for crystal methamphetamine possession before boarding a scheduled flight to Kona from Honolulu in 2003. Aukai had no I.D., so he was subjected to additional screening.

The court, citing post-9/11 security concerns, said travelers passengers can’t refuse searches once they place their belongings on an X-ray tray or walk through a metal detector.

It’s an interesting about-face for this court. More than three decades ago, the 9th U.S. Circuit Court of Appeals ruled that airport searches were valid only if they recognize the right of a person to avoid search by electing not to board the aircraft, according to one report. But in later rulings, the court began to backpedal, ruling passengers could not opt out of searches if they had checked luggage or if carry-on items were flagged during the initial screening to enter the terminal area.

What does this mean for airline passengers? Once you step up to the checkpoint, they can pretty much do whatever they want to you. It’s a disturbing precedent for airline passengers — and indeed, for Americans.

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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