Common Sense
Rookie
- Nov 2, 2010
- 915
- 44
- 0
- Banned
- #21
a car is considered your own person private property, thus you can refuse to have your vehicle searched. although if the officer has probably cause, ie he smells alcohol, or can actually see something potentially illegal happening, he does then have the right to search you. if you are a passenger in a car though, and the owner agrees to have it searched, then you also must comply. on the same not, since you own a the car, you have the responsibility to make sure that the vehicle is safe and are responsible for the passengers in that vehicle. if someone is caught doing something illegal in that vehicle, you can be held liable. (such as drinking, doing drugs, prostitution, etc)
an airplane and airport on the other hand are considered private property of a corporation, thus they have the authority to search those whom them service for the sake of the safety of the whole. this is the same premise of being searched before entering a building or sporting arena. but remember, an airport is not required to hire the TSA to perform its screening, they just have to follow the rules the TSA has put in place tn regards to screening passengers. Many airports hire private security firms to provide their screening instead of using the TSA.
remember when they determined that only ticketed passengers may enter the terminal? this was for safety concerns of the passengers, airplanes and airports. same premise here, screening is not only for passenger safety, but also airport and airport/airline personnel.
and the xray / pat downs are the secondary screening, not the primary. if you fail the primary, or raise suspicion during the primary, you may be asked to be screen with the new secondary measures. hence since they are not the primary form of screening, Alitos opinion does not come into play.
an airplane and airport on the other hand are considered private property of a corporation, thus they have the authority to search those whom them service for the sake of the safety of the whole. this is the same premise of being searched before entering a building or sporting arena. but remember, an airport is not required to hire the TSA to perform its screening, they just have to follow the rules the TSA has put in place tn regards to screening passengers. Many airports hire private security firms to provide their screening instead of using the TSA.
remember when they determined that only ticketed passengers may enter the terminal? this was for safety concerns of the passengers, airplanes and airports. same premise here, screening is not only for passenger safety, but also airport and airport/airline personnel.
and the xray / pat downs are the secondary screening, not the primary. if you fail the primary, or raise suspicion during the primary, you may be asked to be screen with the new secondary measures. hence since they are not the primary form of screening, Alitos opinion does not come into play.