Legal Question in Constitutional Law in Missouri
Article IV violations in FAA directed searches at airports.
Due to current events, the FAA has issued a security directive that mandates an unwarrented random search of passengers and flight crew. Even though passage through the metal detectors resulted in no alarm. Is this a violation of Ammendment IV? How is it that the FAA can pass such a law that on the surface appears to be a violation?
Thank you
1 Answer from Attorneys
Re: Article IV violations in FAA directed searches at airports.
There is no constitutional right to fly. If you want to fly, you must submit to the searches. Since there is a way to avoid the searches, specifically, taking the train or driving your car, you are not subject to a constitutionally prohibited search.
Moreover, everyone getting on the plane has the potential to be a threat, and that probably creates "reasonable suspicion" in the minds of those who do the searches, so again, probably no constitutional violation.
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