Reference no: EM133197033
You and five friends rent a timeshare in Jamaica for 15 days - you're all at the airport, ready to fly out. You check your bags, take your carry-ons, and head to the gate. Halfway there - YES! It's the TSA screening point. You lose your shoes, belt, spare change, phone, laptop, and other fixings and walk through. Your buddy does the same; everybody's stuff goes through the X-Ray. The TSA folks pull your bag out of the machine and ask who's bag it is. It's yours; they tell you there's something in it that they need to check, and lo and behold, you've got a 20 oz Mountain Dew, in it, and it can't fly. They throw away the Mountain Dew, and you wait for the rest of your friends.
Your buddy's bag gets pulled out of the machine, and they tell him there's something in it that they need to check. He starts sweating, and they start sorting through his iPod and emergency socks. They find a bag of marijuana that he was bringing to Jamaica with him. They call the police assigned to the airport, and he gets arrested. You and your four friends go to Jamaica without him.
Why can the TSA search your bag? You never signed a consent to search form. Why can they take drugs out of your friend's bag if they can't arrest him for it? Are they allowed to give it to the police so the police can charge you? How is this possible?
Could you defend a motion to suppress the evidence? Could you prosecute a motion to suppress the evidence?