APPLYING THE FOURTH AMENDMENT'S NATIONAL-SECURITY EXCEPTION TO AIRPORT SECURITY AND THE TSA

摘要

Regardless of which approach courts apply going forward, they ought to make some changes. One option is to begin performing a true balancing when examining TSA search procedures using the administrative-search exception. But a better approach is to acknowledge that the administrative-search doctrine does not apply to airport security and instead analyze the Fourth Amendment issues using the national-security exception.