Torbet

Torbet v. United Airlines, Inc.

Good Law
2002 Daily Journal DAR 8959·298 F.3d 1087·2 Cal. Daily Op. Serv. 7141·2002 U.S. App. LEXIS 15777
United States Court of Appeals for the Ninth CircuitAugust 7, 2002No. 01-55319California1,118 words

Opinion

Lead Opinion

Farris, J.

Hugo Torbet’s 42 U.S.C. § 1983 action raises the question of whether the Fourth Amendment permits a random search, at an airport security checkpoint, of a carry-on bag that has passed through an x-ray scan without arousing suspicion that the bag contains weapons or explosives. It does. We affirm the district court’s grant of judgment on the pleadings for United Airlines, the City of Los Angeles Department of Airports, 1 and police officer Mike Edwards.

I

In October 1998, Hugo Torbet entered the United Airlines terminal at Los Ange-les International Airport to catch a shuttle flight to San Francisco. At the security checkpoint, he passed through the metal detector and permitted the x-ray scan of his carry-on bag. Security personnel then told Torbet his bag had been selected for a random search. 2 They said they were acting pursuant to a policy of searching bags even without suspicion that a particular bag contained weapons or explosives. Torbet refused to consent. Security personnel summoned police officer Mijce Edwards, who explained the random search policy and the -fact that he was there to enforce it. Torbet then stated that he wished to simply leave the airport.…

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