Legal Question in Constitutional Law in California

New TSA search and seizure procedures

The newly implemented search and seizure procedures now being practiced by the Transportation Security Agency (Department of Homeland Security) seems to me to be a violation of our 4th Amendment rights against unreasonable search and seizure as well as our 1st Amendment right to be able to travel freely throughout the country.

Although I don't have any inclination or proclivity toward any sort of violence or criminal act, let alone an act of terrorism, I personally feel these procedures to be excessive and in violation of my rights. My questions are:

1. By what authority does the TSA have the right to search my person or my carry on luggage? 2. What rights do I have to protect myself against these unreasonable (and to my mind, draconian) searches? 3. Do American citizens have any recourse against these searches in the event a search is conducted and some illegal substance is found (not related to airline security) and the traveller is detained / arrested? Since the airline whom I purchase my ticket from is a private entity, what authority is given to them to enable a representative of the government to conduct searches of private individuals?

Thanks for your thoughtful consideration of my questions.

1 Answer from Attorneys

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