The Fourth Amendment and The New Face of Terrorism: How September 11th Could Change the Way America Flies
Skean, Brett A.
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This comment examines the possible repercussions of the September 11, 2001, attacks on airport security measures and how future judicial review might take into consideration the now compelling governmental interest in safe airways. The historical and modern exceptions to the Fourth Amendment’s warrant requirement are examined with an analysis of the possible justifications and constitutionality of physical searches of potential airline travelers. In conclusion, the piece determines the obvious question of whether in today's terrorist climate, there is a reasonable expectation of privacy when a person enters an airport, and if not, whether there is any resulting Fourth Amendment protection.