Legal Question in Constitutional Law in Missouri

Searching computer carriers on airlines

Is it a violation of the 4th amendent to single out those people carrying computers on commercial airlines? Using the administrative search cirterion, it seems that the government should be searching everyone with an equal amount of scrutiny. What are our rights under the 4th amendment at an airport?


Asked on 7/15/04, 10:11 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Searching computer carriers on airlines

The Fourth Amendment applies when the law draws distinctions between people who are within a suspect classification -- like members of a particular ethnic or religious group -- and those who are not. There is a long history of ethnic and religious discrimination, but the idea that these practices are equivalent to discrimination against airline passengers who are carrying laptops is absurd.

The law does not have to treat everyone equally; it just needs to have appropriate reasons why some people are treated differently from others. Police don't discriminate unfairly by arresting those who have apparently committed crimes and not arresting those who haven't. Fire departments act properly when they hire strong applicants and reject weak ones. Public hospitals may properly offer OB/GYN services to women but not to men. There are perfectly good reasons for drawing these distinctions, and it would be unreasonable to say that the Constitution forbids such practices.

What appear at first glance to be laptop computers may actually be bombs, drugs, weapons, etc., and are often impenetrable by x-ray scanners. Thus, the only way to be sure they are genuine is to inspect them visually. It is perfectly reasonable to scrutinze them more than other luggage.

If you don't like the scrutiny, you can fly without your computer or find some other means of transportation.

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Answered on 7/15/04, 10:30 pm


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