Legal Question in Criminal Law in Massachusetts

Understanding that a person "consents" to an Administrative Search when entering the sterile area of an airport and that TSA can again "randomly" search you and your bags again at the gate (for weapons, not evidence); I was wondering if an Air Marshal can search your bags in-flight without any specific justification (i.e. no PC and exception to the warrant requirement, and not a frisk for weapons based on RS).

So, can you be subject to an Administrative type search without any further justification (beyond choosing to fly) at any time from the point you enter security screening at your departure airport to the point you leave the airport at your arrival city?


Asked on 10/20/10, 4:50 pm

1 Answer from Attorneys
George Davis Law Office of T. George Davis, Jr.

Interesting question. My best guess is that the answer is no -- you cannot be subject to an administrative search without further justification, but that is only a guess.

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Answered on 10/27/10, 1:17 pm


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