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This provides a justification for customs to carry out searches, but very few countries undertake customs checks on departing passengers. What about searches a
by gsnedders 9y ago
This provides a justification for customs to carry out searches, but very few countries undertake customs checks on departing passengers.
What about searches at security, be it by the TSA or otherwise? They're obviously very different (you can always opt-out and travel by another means), but I suppose one can both argue that they're a) reasonable and b) justified by contractual means (i.e., a requirement to pass through security before boarding).
- int_19h 9y agoTSA searches for air travellers are not done under the border search exception. They instead claim something called "administrative exception". It's a much more tenuous construct: it's basically saying that the search is reasonable, because "the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack" - which is a valid and important public interest - and because the means used are the least intrusive that are necessary to secure that interest (are you laughing already?). Here's some more on this. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1683&context=wmborj http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=16...