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To: bone52

Kyllo involved a person’s home. IIRC, the opinion of the court, including Scalia, is that out in the public, one cannot have a similar “expectation of privacy.” Hence, sniffing dogs at a public roadblock are acceptable. I would think that these airport searches are acceptable under the same regime.


74 posted on 11/22/2010 6:38:45 AM PST by Huck (Antifederalist BRUTUS should be required reading.)
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To: Huck

I disagree, generally automobiles are provided a significantly lower degree of constitutional protection than individuals. Thus, police can search a car when they have reasonable suspicion. In contrast, a Terry frisk, which seems to be the lowest threshold for invasion of individual privacy, requires more specific suspicion (of a weapon), as limited to searching for a weapon.

The TSA searches are more invasive than Terry and are based on a lower degree of suspicion, namely none. It is hard to imagine the TSA searches being upheld without drastically altering the landscape of the 4th amendment or without creating a new exception.


75 posted on 11/23/2010 11:57:18 PM PST by bone52
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