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S.D.Ohio: TSA search for contraband was invalid

By John Wesley Hall, Jr.

TSA search for contraband was invalid as not a search for items prohibited items from airplanes. The search continued after it was apparent that there were no prohibited items. United States v. Fofana, 2009 U.S. Dist. LEXIS 45852 (S.D. Ohio June 2, 2009): The evidence also established that before the envelopes were opened, Fofana's bags had already been thoroughly searched and that opening the envelopes containing the passports did not serve safety-related ends. By the time the envelopes were opened, the bags had been examined through the x-ray machine, tested for explosives residue, and emptied during a thorough hand search by Stroud. Stroud had also already manipulated the envelopes by hand, discovering that they were thin and unbendable...continue to full post

Full post as published by Fourth Amendment on June 05, 2009 (boomark / email).