The constitutional issue is not yet settled. It is being scrutinized
and questioned. We begin here a collection of notes relating to that
question. The collection will grow as new material comes in and we get
time to add links to material already on the site.
From Peter Cox: This Appeals Court decision still could be overruled by the U.S. Supreme
Court but it lays out the current case law and raises the possibility that
this would be considered a broad dragnet like the drug searches and would
have been turned down by this court.
There are some other hopes this case raises. Will the "return" rate of
these searches be so small as to disqualify them? And has the Supreme Court
ever allowed one of these massive searches just because it is easier? You
will see that in most cases, including checking bags at airports, the
searches are the only alternative. The dissenting opinion