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.
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{ 4 comments… read them below or add one }
It’s not disturbing for THIS American, because I’m not attempting to smuggle illegal drugs AND I would never think of trying to go to the airport and board a flight without ID. What an idiot! I guess that’s why they call it ‘dope’.
It would be nice if our poster boy was not a drug addict.
Good god, while I am in favor of indivdual rights, when you read this decision, can you just see the millions of taxpayer dollars in salaries and legal fees it took to write this? Because some idiot tried to board a plane with a crack pipe?
OMG! Are you the same people who think illegal wire-taps are ok because YOU’ve got nothing to hide? Geez! Go back and take 5th grade civics again. People need to wake up and smell the disappearing civil liberties. Of course our crack-smoker is an idiot, but why can’t he decide not to board after all?
By the way, it has taken many millions of dollars in salaries and legal fees to establish and maintain our entire legal system. Our system is one which provides redress to all of its citizens–even the crackheads. It’s one thing that (at least until recently) has set us apart as a civilized society.