Most people know better than to pack their luggage with illegal narcotics or a weapon, such as, a firearm or explosive device, but this short list of things not to place in your suitcase includes only the most obvious examples of things that you should not pack. A federal appellate court in Florida recently ruled that child pornography found in luggage during a random Transportation Security Administration airport baggage check is admissible as evidence in a sex crimes prosecution based entirely on the evidence found in the suitcase. This decision presents another blow to the protections of the Fourth Amendment of the U.S. Constitution against unreasonable search and seizures. The defendant in the case argued that the search of the luggage was conducted without a warrant and that the search violated the Fourth Amendment. The judge in the Florida case distinguished two prior federal court cases that had previously suppressed evidence in similar cases. This recent decision means that travelers need to be especially careful regarding any incriminating material that a traveler brings on his or her vacation when boarding an airplane.
The recent decision permit’s a prosecutor to use material found during a TSA screener’s search of a traveler’s luggage even though the evidence is unrelated to travel hazards like weapons or explosives. The judge in the Florida case distinguished the earlier cases because the TSA agent in the Florida case testified that the agent simply stumbled across the material while searching only for weapons and explosives. The judge reasoned that the case was unlike Ohio and Hawaii cases where the TSA screeners admitted that the focus of their searches shifted during the search. In the two earlier cases, the agents had stopped looking for travel hazards and instead began looking for pornography in one case and cash in the other. “We hold that the TSA agent was not engaged in ‘general law enforcement objectives’ when she discovered the child pornography,” District Judge Bradford L. Thomas wrote.
This issue may eventually reach the U.S. Supreme Court, but in the interim, it is important that travelers not transport contraband or incriminating materials in their luggage. Suitcases are searched on a random basis when travelers go through TSA screening. If your bag is selected for a random search, any incriminating material discovered may form the basis for obtaining a warrant to search further or as a basis for your arrest. This case is particularly troubling because it seems very open to abuse. All a TSA agent needs to do is affirm that the agent was still looking for evidence of travel hazards and the incriminating material may be admissible. TSA agents could go on a “fishing expedition” claiming they are looking for explosive materials in powder form, which could literally justify a search of every inch of a traveler’s suitcase . If you are under investigation for a sex crime or any other criminal offense or you are already facing criminal charges, you should contact an experienced Pennsylvania criminal defense attorney. As an experienced Pittsburgh airport arrest attorney, I will explore issues related to any unreasonable search and seizure in violation of your Fourth Amendment rights.
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Michael V. Worgul
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