Research Paper on "How 9 11 Impacted the Air Domain and Aviation"

Research Paper 5 pages (1486 words) Sources: 5

[EXCERPT] . . . .

5). The reason for this is that just as there are less clear borders today between nations and their interests, so too do land, sea and air domains intersect and interact, thanks to devices like MANPADS which are ground weapons that can be utilized to interfere with commercial jets in the Air Domain. Thus, it is vital that the American government step up its monitoring of all land and sea developments all over the world since American planes fly all over the world and need to be protected wherever they go.

The impact of 9/11 on the airport security apparatus can also be seen in changes to Constitutional Amendments. For example, the Administrative Search Exception (ASE) issues relating to airline/airport security are those which fall within the Supreme Court's assessment that "warrantless searches are per se unreasonable under the Fourth Amendment' unless they fall within 'a few specifically established and well-delineated exceptions to that general rule'" (Primus, 2011, p. 255). In terms of aviation security, it has been deemed that searches are not unreasonable so long as they are indiscriminate -- as counterintuitive as that sounds (one would think that some discretion and discriminate thinking would go into formulating the "reasonable suspicion" required to make a Terry stop -- but it appears that as far as governments are concerned, if one is flying, one is automatically a suspect). Essentially, the ASE issues here are located in the "incoherent" doctrine surrounding the Fourth Amendment and the Court's willingness to interpret it rather loosely when it comes to security (Primus, 2011, p. 257). In the wake of 9/11, the ASE has incorporated more frequent and intense airport screenings than ever before (Primus, 2011). Yet, these more frequent and intense screenings are antithetical to the "concept" of ASE as it originated in the 1960s in the case of Terry v. Ohio (Primus, 2011). This paper will discuss the issue of ASE as it relates to airport and airline safety.

While Terry v. Ohio set the standard for "reasonable suspicion" regarding authorities' right to stop and search, it was not until the 9th Circuit Court ruled in U.S. v. Davis (1973) that airport checks may be regarded as ASE since they are "part of a general regulatory scheme, where the essential administrative purpose is to prevent the carrying of weapons or explosives aboard aircraft." Thus, the TSA basically has been allowed to operate within the parameters of this "general regulatory scheme" even though that scheme, since 9/11, has become far more intrusive than anything imagined by Terry v. Ohio (1968). Nonetheless, Terry v. Ohio served as the ruling that got the ball rolling. Now it is far bigger and comprehensive than when it first started out so many years ago. If Terry v. Ohio opened the door for the "Terry search" and the authorities' exercise of "reasonable suspicion," U.S. v. Davis knocked the door off its hinges and left an enormous hole in the Constitution where civil liberties used to be guaranteed. Today's loose interpretations, however, make such guarantees virtually worthless when public "safety" is government's top concern.

The ASE differs from the usual requirements for probable cause in that it really bears no relation to the "reasonable suspicion" mandate delivered in the Terry v. Ohio ruling. It is based rather on a preventative measure, deemed appropriate by the onset of the era of terrorism following 9/11, using the "administrative purpose" as a pretext for screening all individuals. Probable cause, on the other hand, refers to the sense that a law enforcement authority has when confronting an individual who appears suspicious to the officer.

In conclusion, the Aviation Transportation System Security Plan requires integration of various agencies to ensure that the Air Domain is protected and since 9/11 this has been top priority of departments like Homeland Security, Defense and Justice as well as agencies like TSA. Lawmakers have also been included because of Acts like the ASE which require new interpretation in light of the changes in the world and the effect that 9/11 had on the national psyche and the consciousness of a public at risk of being taken out of the skies.

References

Aviation Transportation System Security Plan. (2007). Supporting Plan to the National

Strategy for Aviation Security.

National Strategy for Aviation Security. (2007).… READ MORE

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