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FL1: TSA's random opening of luggage to swab for explosives was reasonable, and it found child pornography

By John Wesley Hall, Jr.

TSA random search of a suitcase at Pensacola airport for swabbing of exterior and contents for explosives resulted in a “plain view” of child pornography. Nothing was suspicious at all about defendant or his luggage. The TSA officer was permitted to look through papers rather than swab them [sounds like a search not in good faith to me]. The court distinguished two federal cases that found criminal searches by TSA unreasonable. Higerd v. State, 1D09-4028 (Fla. App. 1st DCA December 21, 2010): This is an issue of first impression; our independent research has not revealed any case directly deciding whether a purely administrative, physical search of checked luggage violates the Fourth Amendment. See United States v. Fofana, 620 F...continue to full post

Full post as published by Fourth Amendment on December 22, 2010 (boomark / email).