Posts Tagged ‘Wichita defense attorney’

Wichita Defense Attorney Discusses Court Permits Evidence Obtained in Warrantless Search by TSA Screener

Tuesday, March 8th, 2011

Many people who must regularly engage in air travel find themselves frustrated and annoyed by the delays and inconvenience associated with the activities of TSA screeners.  A new federal appellate court decision by a Florida court may give those traveling for work or pleasure new reasons to be concerned about the conduct of TSA screeners.  The decision upheld the admission of child pornography found in the suitcase of a traveler that was discovered during a random search of the defendant‘s suitcases.  This fundamental invasion of the traveler’s privacy constitutes a further infringement on the Fourth Amendment protection of a traveler’s unreasonable search and seizures.  This decision conflicts with two prior decisions that excluded evidence obtained in similar searches by TSA agents.  All citizens are protected from unreasonable search and seizures by law enforcement officers by the Fourth Amendment of the U.S. Constitution.  However, the judge in this new case found that the TSA screener was not engaged in “general law enforcement objectives.”

The citizen was planning to take a flight when a TSA employee performed a random physical search of the traveler’s suitcase looking for travel hazards that might be used for terrorist activity. The agent allegedly discovered images of child pornography while looking for weapons or explosives.  The TSA agent notified local police of the screener‘s discovery which led to police obtaining a search warrant for the man‘s computer and other electronic devices in his luggage.  The man moved to have the images suppressed claiming that they were discovered in a way that violated his Fourth Amendment protection against illegal search and seizure.  The defendant’s motion to suppress the evidence was denied.

The appellate court distinguished the earlier cases indicating that in those cases the TSA screeners were no longer searching for weapons or explosives.  It would seem that given the reasoning of this decision that a court may admit ANY evidence discovered during a TSA search as long as the TSA agent simply purports to be searching for weapons or explosives.  While the Supreme Court may have to resolve the conflicting rulings on this issue, anyone boarding an airplane would be well advised not to put anything in their suitcase that they would prefer the police not find.  If you are subject to a search, an experienced Wichita criminal defense attorney may be able to challenge the legal basis for the search or the scope and manner of the search.  If the court finds that the search violated your Fourth Amendment protection from unreasonable search and seizures, your Wichita criminal defense attorney may file a motion to have the evidence suppressed and seek to have your charges dismissed.

Contact a skilled Wichita, Kansas, airport criminal defense attorney at Cummings & Cummings to determine what legal options are available in your situation and to begin planning your most effective defense. Call 316-264-1548 for a Free initial consultation.

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The Wichita, Kansas, law firm of Cummings & Cummings, LLC provides experienced and aggressive legal representation in criminal defense and personal injury cases. We serve the south-central Kansas region including cities such as Augusta, El Dorado, Derby, Mulvane, Newton, Andover, Salina, Kansas City, Cheney, Kingman, Wellington, Winfield, and Eureka.