ABSTRACT

Airport security measures that include searching passengers and their baggage without a warrant are constitutionally justified under the Fourth Amendment by exceptions for administrative searches and searches to which an individual consents. One issue with regard to airport searches is whether a physical frisk by a security officer is permissible. In Terry v. Ohio, 392 US. 1, the US Supreme Court allowed a limited frisk for weapons without requiring a search warrant if a police officer reasonably and objectively believes criminal activity has occurred or is about to take place. The consent exception has also helped airport screening officials to escape the Fourth Amendment requirements of warrant and probable cause. The doctrine of implied consent, which had developed over the years in other contexts, such as police requests to search vehicles, was adopted for airport searches by the Edwards court.