Question: Even if you pass a metal detector at the airport and have no problems, you are still often asked questions and have your baggage checked. Isn’t it unjust?
A: If you don’t see anything suspicious on your bag or on your first screen, the screener has the right to do more searches. Searches for passengers or some of their belongings may be random or may be performed for certain security reasons. The reason can be objective (something seems to be a concern) or subjective (and therefore judgmental). However, security screeners will not select you for personal investigation or secondary inspection based on race, nationality, religion, gender, ethnicity, or political beliefs. As a result, tensions can increase as to who is likely to undergo additional screening at any time and why.
Question: My neighbor looks very nice. Today, two police officers came and issued a search warrant to him (he is believed to have stolen the jewels there). By the time they were completed, something unrelated to the gem was filmed, but it was “accidentally seen” by the police. Is it legal?
-TC, Los Angeles
A: The Plainview Doctrine allows police officers to seize objects not listed in the warrant during a legitimate search or seizure. The object is or is associated with criminal activity. The sinful nature of an object must be clear. In short, seizing “obviously” objects is an exception to Article 4 of the US Constitutional Amendment, which protects us from unjustified search and seizure. Also, if found by a putt-down search, anything that is out of sight may be legally seized. This happens, for example, when police officers reasonably believe that an item in a person’s pocket is a smuggled item or evidence. This is known as the “plain feel doctrine”. These exceptions to Article 4 of the Amendment are, in part, based on a common-sense approach to what is and should be tolerated.
Ron Sokol is a Manhattan Beach lawyer with over 35 years of experience. His column, published Wednesday, outlines the law and should not be construed as legal advice. If you have any questions or comments, please email us at firstname.lastname@example.org.
Why is a secondary search of an airline passenger so often OK? Ask the lawyer – Press Enterprise Source link Why is a secondary search of an airline passenger so often OK? Ask the lawyer – Press Enterprise