Home > News > Porn Found in TSA Search Ruled Criminal Evidence • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Porn Found in TSA Search Ruled Criminal Evidence

Porn Found in TSA Search Ruled Criminal Evidence
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 23, 2010 8:00 AM PST    Text size: 
TALLAHASSEE — Porn found in travelers’ possessions can be used as criminal evidence, Florida’s 1st District Court of Appeal ruled this week.

The unanimous decision by a three-judge panel involved child porn found in Colorado-bound traveler James Linn Higerd's checked luggage.

Reports said the porn was found by a Pensacola Airport-based Transportation Security Agency agent doing a routine check for weapons and explosives.

The agent reported her discovery to local police and Higerd was detained. The police subsequently obtained search warrants that turned up more child porn on his computer and other electronics in his luggage.

The decision is the first of its kind according to the report, although the U.S. Supreme Court has not yet ruled on the issue.

Charlie Leocha, director of the Consumer Travel Alliance, an advocacy group based in Springfield, VA., who has opposed whole-body scanners said the ruling is a setback for air passengers.

"It's a continuing assault on the Fourth Amendment rights of travelers," Leocha said.

Federal courts in Ohio and Hawaii have suppressed evidence in two similar searches, ruling they violated the Fourth Amendment's ban on unreasonable searches and seizures.

But the Florida court said the major difference between those two cases is that the TSA agent testified that she examined the luggage only for dangerous materials.

In the other cases, the TSA agents crossed the line by purposely looking for child porn and even cash. Higerd’s bag was reportedly already screened by machine and was inspected by hand.

"We hold that the TSA agent was not engaged in 'general law enforcement objectives' when she discovered the child pornography," district judge Bradford L. Thomas said.

Sandi Copes, a spokeswoman for Florida Attorney General Bill McCollum, said he respects the court's ruling.

Higerd pleaded no contest to 194 counts of possessing child pornography but reserved his right to appeal Circuit Judge Nickolas Geeker's denial of his motion to suppress the evidence.

Higerd was sentenced to two and a half years in prison.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Visa Cracks Down on ‘Shell’ Billing Firms

There was a time not so long ago when website operators created billing companies in favorable jurisdictions, whose sole purpose was to bill customers for services provided by the operator and remit the... More »

Retailers Forecast Consumer Trends for 2017

With the New Year barreling down upon us, retailers already are anticipating product categories to grow, and what both vendors and consumers can expect in the coming year. Promotions for 2017 and the release... More »

Sex Toy Manufacturers Offer Predictions for 2017

In 2016, it was evident that the pleasure products sector of the adult industry was thriving when Forbes Magazine quoted CalExotics President Susan Colvin as saying that it now “stands as a $15 billion... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!