Airport security searches ruling [9th Circuit] News
Airport security searches ruling [9th Circuit]

United States v. Marquez, United States Court of Appeals for the Ninth Circuit, June 7, 2005 [upholding the drug conviction of a passenger found with cocaine during a random airport security check]. Excerpt:

The random, additional screening procedure in this case satisfies the Davis reasonableness test for airport searches. The procedure is geared towards detection and deterrence of airborne terrorism, and its very randomness furthers these goals. This was a limited search, confined in its intrusiveness (both in duration and scope) and in its attempt to discover weapons and explosives. Given the randomness, the limited nature of the intrusion, the myriad devices that can be used to bring planes down, and the absence of any indicia of improper motive, we hold that the random, more thorough screening involving scanning of Marquez's person with the handheld magnetometer was reasonable. The district court properly denied Marquez's motion to suppress the contraband found during TSA screening.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.