Pubdate: Wed, 24 Mar 2010
Source: Red Deer Express (CN AB)
Copyright: 2010 Red Deer Express
Contact:  http://www.reddeerexpress.com/
Details: http://www.mapinc.org/media/2920
Author: Elissa Bernstein

ILLEGAL DRUGS WERE PRIVATE!

Jennifer walked into her friend's bedroom and saw an enormous
suitcase. "Whoah! Is there anything left in your closet?"

"Hey, You never know what kind of weather you'll have."

"In Cuba?"

"I need all this stuff!"

"You need six pairs of jeans, 21 t-shirts?"

"Well."

"And what's this huge bag?

Marcy grabbed it back. "Toiletries. It's personal."

"Oh please. We're best friends! I know all your toiletries."

"I have some Ecstasy."

Jennifer was horrified. "I can't believe you."

"It's no big deal."

"But we always choose new perfumes together! You've found a new best
friend, haven't you?!"

"Jen, it isn't a new perfume. It's Ecstasy. You know, the
drug?"

"Oh, well thank goodness. It's just an illegal drug."

"Right."

"Whoah! Since when do you take illegal drugs? I've never even seen you
take an aspirin!"

"It's for Jeffrey. He wants me to bring some for him."

Jennifer was appalled. "So, you're going to smuggle
drugs!"

Marcy shrugged. "It's not like it's a bomb or anything."

At the airport, the clerk looked at Jen's beg. "So, you packed this
yourself."

"Yes."

"And is there anything on our list of prohibited items that is in your
bag? Pressurized cans, weapons?'

"No."

A few minutes later, Marcy was in her airplane seat.

Her luggage was being sniffed by dogs.

"Whoah, Sparky!" Herve noticed the dog getting excited. "I'm opening
that up."

He unzipped Marcy's bag.

"Looks like some drugs!"

His colleague was baffled. "It's not exactly a security
threat."

"Call the supervisor!"

The supervisor took it seriously. "Pull that passenger off the plane
and arrest her."

IN THE COURTROOM

Marcy claimed the search was illegal. "They invaded my privacy, Your
Honour! Those drugs were part of my private belongings!"

The prosecutor shrugged. "You gave up your privacy rights when you
checked your baggage. Everyone knows that there is strict security
screening at an airport."

Was the search legal? You! Be The Judge. Then look below for the
decision

THE DECISION

"The search was illegal," ruled the Judge. "Marcy had an expectation
of privacy when she checked her luggage before her flight. Airport
security laws are designed to protect travelers against weapons and
explosives, not to catch illegal drugs."

Today's column is based on a case from Newfoundland. The characters
and the scenarios are fictional. Any resemblance to real people is
purely coincidental. The information in this column does not
constitute legal advice. If you have a similar problem, consult a
lawyer in your province. Elissa Bernstein is a lawyer and
internationally syndicated columnist. 
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MAP posted-by: Jo-D