In conclusion, Hartwell’s search does not offend the Fourth
Amendment even though it was initiated without individualized
suspicion and was conducted without a warrant. It is permissible
under the administrative search doctrine because the State has an
overwhelming interest in preserving air travel safety, and the
procedure is tailored to advance that interest while proving to be administrative search doctrine.
12Hartwell argues that once the TSA agents identified the
object in his pocket and he refused to reveal it, he should have had
the right to leave rather than empty his pockets. We reject this
theory. As several courts have noted, a right to leave once
screening procedures begin “would constitute a one-way street for
the benefit of a party planning airport mischief,” United States v.
Herzbrun, 723 F.2d 773, 776 (11th Cir. 1984) (internal quotation
marks and citation omitted), and “would ‘encourage airline
terrorism by providing a secure exit where detection was
threatened,’” People v. Heimel, 812 P.2d 1177, 1182 (Colo. 1991)
(quoting Pulido-Baquerizo, 800 F.2d at 902). See also Torbet v.
United Airlines, Inc., 298 F.3d 1087, 1089 (9th Cir. 2002) (“To
avoid search, a passenger must elect not to fly before placing his
bag on the x-ray belt.” (citation omitted)).
only minimally invasive, as that term is understood in Brown.13