Airport Searches and the Right to Travel: Some Constitutional Questions

Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note shall survey this constitutional right to travel, as it relates to airport searches. In addition, it also looks into such areas as governmental action, probable cause, waiver of fourth amendment rights, and the rule of exclusion. After reviewing these areas, one reaches the inescapable conclusion that in order to maintain the vitality of the fourth amendment, courts must apply the rule of exclusion to seized contraband that could in no way be used to hijack an aircraft