The Reasonableness Standard for Warrantless Searches and Seizures is Applies to an Airport Security Case

Date

1973

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

In Moreno, the court upheld a warrantless search of a suspicious individual attempting to board a plane. The Moreno court reasoned the warrantless search did not violate the individuals Fourth Amendment protections against unlawful search and seizure because the individual gave false answers, refused to identify a “bulge in his coat pocket”, and appeared to be trying to escape; the officers had reason to be fearful that the hidden article may be a weapon. Therefore, the author notes the court felt that, in the context of airport security, the actions taken by the officers were justified under the circumstances. The author suggests the Fifth Circuit, conceivably, decided Moreno by equating the necessity of airport security search with the necessity of border searches—a well-recognized exception to the Terry reasonableness standard.

Description

Keywords

Warrantless search, Airport security, Unlawful search and seizure, Search and seizure, Fourth Amendment, United States v. Moreno, Case note

Citation

5 Tex. Tech L. Rev. 166