Introduction to Law: MGMT 200

The University of Washington

Michael G. Foster School of Business Administration
Department of Management and Organization
Winter Quarter 2016
LECTURER: Tod J. Bergstrom
Senior Deputy Prosecuting Attorney
King County Prosecutor's Office
King County Courthouse, W-554
516 3rd Ave., Seattle, Wa.

OFFICE HOURS
By Appointment only
Or With Clue Leader
todbergstrom1@msn.com
Tod.Bergstrom@Kingcounty.gov

TEXTS:

Introduction to Law for Business

Carper/McKinsey/Meiners/Ringleb/Edward
Note that this is a soft-cover text, custom-designed for the UW. You
will not find it on the Internet because it combines two separate texts.
The UW began using the current edition of this text Fall quarter 2014.
Course Pack This collection of assigned reading will be provided students
free. I highly recommend printing out a copy of this 150 page supplement,
or purchasing* it at EZ Copy and Print, 4336 University Way NE,). You
cannot use last years Course Pack, as it is updated each year.
Lecture Notes: I provide my lecture notes to students, free. I highly
recommend printing out a copy of these, or purchasing them at EZ Copy
and Pring.* This document is about 200 pages long.

.
CLASS
TIMES

While the time schedule indicates that this class meets from 3:30 to
6:00, class will actually start at 3:45 AFTER the first day of class.
Students will be given a 10-minute break during class. Class will end
between 5:45 and 6:00.

GRADING

The Foster School of Business requires that this course be graded on a

curve set at 3.0. The instructor has no discretion to deviate from this
policy, which is applied to all MGMT 200 courses.
Students will be graded based upon their performance in 4 separate areas,
with the following point totals:
Pop Quizzes
Mid #1
Mid #2
Final

126 points
120 points
90 points
60 points

At the end of the course, all points each student earns will be added, and a
curve will be constructed based upon those totals. The median grade will
be set at 3.0 My policy is to award straight 4.0 grades to the top 10% of
students (based upon the number of students who complete this class).
1.

A MIDTERM EXAMINATION will be held on FEB 4, 2015. The exam will be closed book. It
will count for one third of the total point (120 points). The examination will cover material
covered in lectures, plus assigned readings from the text, the Course Pak, and any assigned articles
from The Wall Street Journal and New York Times. At least 80% of the points will be based upon
materials actually discussed in class; no more than 20% of points will be based exclusively upon
readings not discussed in class. The exam will consist of T/F, short answer, and essay questions.
You will use your secret number (NOT your student number) on all exams. The Foster Honor
Code applies to all exams: seating will be assigned and additional safeguards will be put in place
to combat academic misconduct. Students must complete the midterm to receive a final grade in
this class. This exam will not be rescheduled to accommodate students. No make up exams will be
given because this class is graded on a curve.
* Occasionally during lectures we do not get to everything that is included in the written lecture
notes. If we do not discuss things included in the lecture notes, during class, you will not be tested
on that material unless it is ALSO present in the assigned reading. This applies to all
midterms/finals. Thus, you are encouraged to keep track of what we DO NOT cover, from the
lecture notes, in class.

2.

A MIDTERM EXAMINATION will be held on Dec 12 2015. The exam will be closed book. It
will count for 90 points. The exam will be in short essay form. The examination will cover
assigned readings from the text, the Course Pak, assigned articles from The Wall Street Journal
and New York Times, and lectures. The second midterm is not cumulative; with the exception of
lectures on Civil Procedure (how trials work). The Foster Honor Code applies. Students must
complete and pass this midterm to receive a final grade. No make up exams are given for this
exam, nor will this exam be rescheduled to accommodate students. * At least 75% of the points
will be based upon materials discussed in class; no more than 25% of points will be based upon
readings not discussed in class

3.

A FINAL EXAMINATION is scheduled for Thursday Dec. 17 at 6:30 p.m. This exam will be
closed book and count for 60 points. This exam will be T/F and very short answers. This exam
will only cover the second half of the course, and be based upon the assigned readings from the
text, Course Pak, assigned articles from The Wall Street Journal, and New York Times, and
lectures. The second midterm is not cumulative. The Foster Honor Code applies. Students must

complete and pass this midterm to receive a final grade. No make up exams are given for this
exam, nor will this exam be rescheduled to accommodate students. * At least 75% of the points
will be based upon materials discussed in class; no more than 25% of points will be based upon
readings not discussed in class
NOTE: BECAUSE THIS COURSE IS GRADED ON A CURVE, NO MAKE UP EXAMS
ARE GIVEN. STUDENTS WHO MISS AN EXAM WILL BE GIVEN AN INCOMPLETE
OR AN AGREED PROVISIONAL GRADE AND REQUIRED TO TAKE THE EXAM
THE NEXT QUARTER THIS COURSE IS OFFERED. THIS COURSE IS TAUGHT
EVERY QUARTER THIS YEAR. IN THE EVENT A STUDENT HAS A DOCUMENTED
ILLNESS, OR A FAMILY MEMBER HAS A HEALTH EMERGENCY WHICH
PREVENTS A STUDENT FROM TAKING AN EXAM, A GRADE FOR THE MISSING
EXAM WILL BE AWARDED BASED UPON ALL OTHER WORK DONE IN THE
COURSE, AND THAT GRADE WILL BE AT LEAST .2 GRADE POINTS LOWER THAN
IT WOULD HAVE BEEN HAD THE STUDENT TAKEN THE EXAM.
4.

POP QUIZ ON ASSIGNED READING Four "pop quizzes" will be given during the quarter.
Questions will be based upon the reading assigned for that day of class. Students will "drop"
their lowest score from among the four pop quizzes; thus, only the three highest quiz scores will
count. No make up quizzes will be given, so if a student misses a quiz, that will be the quiz
the student drops. Each quiz will be worth 42 points. Quizzes will count for 126 points. The
instructor emphasizes that quizzes are based solely on the assigned reading; NOT the lecture notes
(which some students scan prior to class).
Quizzes will only be given the first hour of class. If you arrive late to class, you will NOT
be allowed extra time. All quizzes will be collected at the same time.
While the instructor appreciates students who write notes inquiring about whether there will be a
pop quiz, or explaining why they will be late to class, my typically response will be Thanks for
providing me this information.

Students are expected to have completed the assigned reading typically 40-50 pages, prior to class.
If you do not think you can keep up, you are urged to enroll in another section of this class that meets
three times a week. In the past, students typically indicate that this section of law is rewarding, but
takes a lot of work.
BLIND GRADING: The first day of class you will choose a secret number that you will use when
turning is all work, including quizzes and tests. The number is NOT your student number, and you
will be the only person who knows what the number is. The instructor will not know your secret
number until the end of the quarter. Do not disclose your secret number to anyone. The purpose of
blind grading is to insure that I (or my TAs and Graders) do not consciously or subconsciously favor
or penalize students based upon any factor unrelated to actual performance. Because blind grading
is practiced in this course, if you have a concern or question about how an exam, quiz or paper has
been graded, please insure that the instructor does not know your secret number when presenting
your questions. If you want something reviewed, please COPY it, then write a short note explaining
your concern, then place the copied/marked quiz in a sealed envelope and give it to the teacher
without writing your name on it. This procedure will be explained more fully in class.
MIDTERMS/FINALS: The instructor does not allow students to keep or copy midterms and final
exams. You will be allowed to review your midterms and exams in class, or arrangements will be
made for you to review these materials outside of class, but you may not keep midterms or exams.
The purpose of this rule is to avoid exams getting into public circulation, which has the unintended
consequence of helping students with access to old exams. Exams and are retained through the first
week of class the following term, unless specific arrangements are made otherwise. Exams and

quizzes from classes Fall and Winter terms are retained only through the first 5 weeks of the
following quarter, then destroyed, unless specific arrangements are made with the teach to retain
materials longer.

AOL: Assessments of Learning tests will be sent to you via email. These tests, which consist of
multiple choice questions, are administered to all students, in all sections of MGMT 200. They are
used to determine if students are learning course objectives. If you do not take this test, you will not
receive a grade for the course, per UW standards.
CLASS PARTICIPATION
While there is no formal grade for class participation, this course is much more interesting to me,
and other students, if you will participate by raising your hand and contributing to discussions. I
generally will not call on the same student more than 3 times during any individual class. I reserve
the discretion to credit students up to .1 of a grade based upon exemplary (that is, extremely high
quality) classroom participation.
ACADEMIC MISCONDUCT
During exams and quizzes, the use of cell phones and other electronic devices is forbidden (if you are
observed looking at or holding a cell phone, computer or tablet during a quiz or exam, that in itself is
presumptive evidence of misconduct and you will be awarded a zero on that quiz/exam). Further,
until all quizzes or exams are collected, student should not be talking to other students. This course is
graded on a curve, and as such, academic misconduct is offensive to both the instructor and fellow
students. Students who cheat on exams are doing so at the direct expense of other students. Though
I did not report any academic misconduct in the past 2 years, I have reported 6 student to the Dean,
and findings of misconduct were sustained in each case.
In the event you need to use an English-foreign language dictionary for class, please use a paper
version of this, and share it with the instructor prior to the exam.
During midterms assigned seating will be used (you will not choose where to sit) and proctors will be
present. Please also note that classrooms are equipped with video cameras. Proctors will also be
present for exams.
Multiple versions of exams and quizzes are used.
You may not leave the classroom during a quiz or midterm (for midterms, you may only use the
restroom after turning in a section of the exam, and prior to picking up the next section).
Nothing, other than a pencil or pen, may be on your desk during a quiz or midterm.
Additional materials will be provided prior to the first midterm.
All students are expected to be familiar with and abide by Undergraduate Code of Conduct:

Directions for reading assignments.

Below, you will find the assigned reading for each day of class. Readings need to be
completed prior to class, as pop quizzes will be based only on the assigned readings.
When reviewing the assigned readings, you will see that assignments fall into four
different groupings:
1.

Text refers to readings in the required text for this course, If you have purchased a different
edition, or an international edition, be warned that it may not track the assigned readings, and
its up to you to insure you do the required work.

2.

Course Pack refers to the Course Pack of supplemental readings that I have prepared for
this Course. The Course Pack can be purchased at EZ Copy. Note that this is published at
cost, and the instructor does not profit from this. Note, also, that prior editions of the Course
Pack cannot be used, because the readings change annually.

3.

Finally, there are several hyperlinks that are included with the syllabus, so you will need an
electronic copy of the syllabus to access the assigned item, which is typically a story found on
either NPR (National Public Radio) or the New York Times.

Often, Ive provided you with specific directions for what items to read on a particular
page of the Text or Course Pack. Dont read beyond what Ive assigned, unless it
interests you.
References to Lecture Notes do not need to be read prior to class, unless you want a
generalized idea of what we intend to cover in class. Lecture Notes are what I will
display on the screen during lecture; I provide them to you, free, so that you dont need to
frantically jot down everything displayed. Most students find that lecture notes are
extremely helpful in studying for exams in this class, as they serve a review resource,
too.

1.

January 5, 2016
Introduction
Text pp. pp. 28 (bottom: Using Court Cases) 32;
Text pp. 44 (bottom: The Judiciary and Common Law) 46 (top: stop reading
after first paragraph on Value of Precedent
Course Pack: p 1- 3
Lecture Notes: pp. 1-5

January 7, 2016
Organization of the Government Day I
Text pp. 1-11 (bottom);
Text: pp 13 (from Lawmaking by the people) 16 (bottom);
Text: pp. 62-71
Course Pack Readings: 4 18*
*Excerpts from the US Constitution have been assigned. * Please skim these
excerpts. If there is a quiz today, it will NOT include questions drawn solely from
the excerpts from the Constitution; HOWEVER, other assigned readings, from the
text and Course Pack will overlap with the excerpts from the Constitution, and all
of these materials that overlap are fair game for a quiz.

Review the following link:

http://www.nytimes.com/interactive/2012/12/12/us/politics/redistrictinggraphic.html?ref=politics
Lecture Notes: 6- 18

3.

January 12, 2016

Organization of the Government Day II
Topics: Judicial Branch, Separation of Powers
Text: read pp. 11-13 (only Lawmaking by Courts);
Text: read pp. 44 (bottom paragraph The Judiciary and Common Law) 47 (this
is review, but its assigned again for this lecture, and is fair game for a quiz).

Watch the following video:

https://www.youtube.com/watch?v=QTcgVzxRPhs
Please read the following story published in the Seattle Times:
http://www.seattletimes.com/opinion/from-seattle-to-china-were-leading-the-future-ofinnovation/
Course Pack: 19- 50
Lecture Notes: 19- 24

4.

January 14, 2016

Civil Procedure Day 1 Courts and Lawsuits
Text: Chapter 3: pp. 93-124 AND read pp. 16 (bottom) 18 (top subject matter
jurisdiction)
Course Pack Readings: 51- 53
Lecture Notes: 25- 30

5.

January 19, 2016

Civil Procedure Day 2 + Alternative Dispute Resolution*
Text: Chapter 3: pp. 124 - 133
Text: pp. 166 (bottom: Alternative Dispute Resolution) - 179
Course Pack Readings: 54- 58

Lecture Notes: 31- 35

6.

January 21, 2016

Constitutional Law Day 1
Text: 72-87;
Text: 317 (beginning at Defamation) 320
Course Pack Readings: 59-64
Lecture Notes: 36- 48
Topics Covered Today Include:
Bill of Rights & Incorporation Doctrine
Equal Protection and Due Process
The First Amendment applied to Businesses /
Expressive Association / Expressive Conduct
Political Speech /Citizens United
Commercial Speech / Multiple Tests
Ordinary Speech (Content based / content neutral speech)
Unprotected Speech & Business
The Free Press Free Press (Prior Restraint and Libel)
Just Compensation & Regulatory Takings Clause

January 26, 2016

Constitutional Law Day 2
All NEW readings for today are found in the Course Pack. There are no readings
from the text (due to the subject matter being too new for the current edition of
the text.)
Course Pack: 65 - 97
The First Amendment Continued
The Free Exercise clause and Business Response
Businesses and the 2nd Amendment: Can Business Win?

Assignment: Listen to/stream the following NPR news report / 7 Minutes

http://www.npr.org/2014/07/01/327199063/supreme-court-wraps-up-term-issuing-2major-decisions

Lecture Notes: 49- 74

8.

January 28, 2016

Attorney Client Relationship
Text: Chapter 4: PP. 139-166 (stop reading when you reach Alternative Dispute
Resolution)

Watch the following video:

http://www.cbsnews.com/video/watch/?id=3920205n&tag=mncol;lst;6
Course Pack: - 98 - 106
Lecture Notes: 75- 83
9.

February 2
Real and Intellectual Property
Text: 484-503
Course Pack p. 107 (one page only)
Lecture Notes: 84- 96

10

February 4
Midterm
See Syllabus for Rules /
Closed Book + Assigned Seating

11.

February 9
Business Organizations and Entities
Text: Chapter 7: PP: 224-251
Text: p. 530 (yes, only this page, describing Corporate Finance)
Course Pack Readings: 108 - 111
Lecture Notes: 97- 106
Need npr stories to illustrate some of this, to add into lecture notes.

12

February 11
Contracts

Text: Chapter 7, but only PP: 255-289

Course Pack Readings: None
Lecture Notes: 107- 118

13

February 16
Bankruptcy + Ethics
Txt: Ethics, pp. 18 (middle) 28 (bottom); pp. 51 (bottom) 56 (middle)
Txt: Bankruptcy pp. 601-608
Course Pack: 112- 116
Audio Assignments
Listen to the following NPR stories (total Time, about 15 minutes)

http://www.npr.org/2014/03/31/297312252/the-long-road-to-gms-ignition-switch-recall
http://www.npr.org/2015/09/10/439246992/the-latest-american-export-bankruptcy-laws
http://www.npr.org/2015/09/10/439085886/the-pains-and-salvation-of-chapter-11bankruptcy
Lecture Notes: 119 - 131
14

February 18
Torts Day 1
Text: Chapter 9: Elements of Torts PP. 298 - 320
Course Pack: None
Lecture Notes: 132- 141

15.

February 23
Torts Day 2
Business Torts, Fraud and Product Liability
Text: Chapter 10, but only PP. 324-347 (top)

LISTEN TO THE FOLLOWING STORY

NPR GM Recall
http://www.npr.org/2014/03/31/297312252/the-long-road-to-gms-ignition-switch-recall

COURSE PACK: 118- 124

Lecture Notes: 142- 148
16.

February 25
Employment Law
Day 1
Text: Chapter 12: PP 381-403 (stop at Age Discrimination)
Course Pack Readings: 125-130
Lecture Notes: 149 - 160

17.

February, 29
Employment Law (conclusion) +
Civil and Criminal Regulation of Business: Part I
Txt: 403- 426 (stop at Statutes Governing Labor-Management)
Txt: 352-361 (stop at White Collar Crime)
Course Pack Readings: 131- 142
Lecture Notes: 161 - 175

18.

March 3
Criminal Law Day 2 Selected Business Crimes
Text: You only need to read the specific sections as follows:
Bribery
Tax Evasion
Money Laundering
Antitrust
FCPA
SOX+ Insider
Trading

page 362
page 368
pp. 370- 372
pp. 645-669 (this is a long section)
pp. 566 (bottom) 569 (top)
pp. 543 (middle) 546 (top)

Audio Homework: http://www.npr.org/blogs/money/2012/12/13/167089673/willa-1-9-billion-settlement-be-enough-to-change-banks-behavior

Course Pack Readings: 143- 152

Lecture Notes: 176 - 193
19.

March 8
Make up Lecture depending upon whether we get behind OR Additional material
will be assigned and provided to students. A decision on this will be made by
December 1.

20.

March 10
Midterm 2
This exam in not cumulative EXCEPT for material from Chapter 3 (The Court
system) relating to how lawsuits occur, may be included.

LECTURE NOTES FOR LECTURE 1 FOLLOW

OCTOBER 1, 2015
LECTURE #1

IMAGINE A WORLD WITHOUT LAWS.

WHY HAVE LAWS?
"State of nature" is a term in political philosophy used in social contract
theories to describe the hypothetical condition of humanity before the state's
foundation and its monopoly on the legitimate use of physical force. A state
of nature is the condition before the rule of positive law comes into being,
thus being a synonym of anarchy.
In some versions of social contract theory, there are no rights in the state of
nature, only freedoms, and it is the contract that creates rights and
obligations. (Even today, many people consider laws and regulations as
being improper limits on their ability to act any way they see fit.)
In other versions of the state of nature, the opposite occurs: the contract
imposes restrictions upon individuals that curtail their natural rights.

The concept of a state of nature was first posited by the 17th century English
philosopher Thomas Hobbes in Leviathan. Hobbes described the concept as
"the war of all against all." In this state any person has a natural right to do
anything to preserve their own liberty or safety.
https://www.youtube.com/watch?v=UtdO665FxQA
Many high schools assign what book that reflects this idea?

Why are laws important in a business context?

Consider what the following movie is actually about?
http://www.youtube.com/watch?v=lB95KLmpLR4
Mark Zuckerberg
Eduardo Saverin
Cameron Winklevoss
Tyler Winglevoss
Larry Summers

While this story is obviously about personalities, and conflict, on a macro-scale is a

story about the law. It is a cautionary story; a story about how laws apply to those
involved in business.

If you do not know the law, youre likely to be taken advantage of by those who do.
The law is both a shield, as well as a sword, in your interactions with others but
only for those who understand it.

Husky Stadium Case

AMENDMENT 4
U.S. CONSTITUTION

(Applies to Federal and State Actions)

THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS AND
EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE
VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE,
SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE
PLACE TO BE SEARCHED, AND THE PERSON OR THINGS TO BE SEIZED.

What does this mean?

Who decides what it means?
Who are people? (Answer: They include businesses and corporations, which also
have the right to be free from warrantless searches UNLESS they are a closely
regulated business which, in exchange for being licensed, will be subject to
warrantless searches. Example: auto junkyards, pawn shops, restaurants. Why?
LAWYERS REASON BY ANALOGY When lawyers, courts and judges try to
answer a new question, or solve a new problem, they look for similar cases with
similar facts, to see how a prior cases was decided. Thus its always important to
research how past, similar cases were decided and what rules and laws were applied
in the old case, to predict how they will be applied in the new case.

Jacobsen v. Seattle, 98 Wn.2d 668 (1983)

As a general rule, warrantless searches and seizures are per se unreasonable. Nonetheless, there are
a few jealously and carefully drawn exceptions to the warrant requirement which provide for
those cases where societal costs of obtaining a warrant, such as danger to law enforcement officers or
the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral
magistrate. The narrow exceptions to the warrant requirement are:

(1)
(2)
(3)
(4)
(5)

Consensual searches
Stop and frisk searches (supported by reasonable suspicion)
Border searches
Hot pursuit
Airport and courthouses searches

(1) Consensual searches

(2) Stop and frisk searches (supported by reasonable suspicion)

(3) Border searches

(4) Hot pursuit

A doctrine that provides that the police may enter the premises where they suspect a
crime has been committed without a warrant when delay would endanger their lives or
the lives of others and lead to the escape of the alleged perpetrator; also sometimes called
fresh pursuit.
Hot pursuit is one such exigent circumstance. It usually applies when the police are
pursuing a suspected felon into private premises or have probable cause to believe that a
crime has been committed on private premises.

(5) Airport and courthouses searches

2 Shot Dead In Courthouse -- One Victim Was

Pregnant; Gunman Quickly Subdued
By Richard Seven, Peyton Whitely, Duff Wilson, Dee Norton, Katherine Long, Diedtra Henderson, Jack
Broom, Susan Byrnes, Himanee Gupta March 23, 1995

Two women, including one who was 7 months pregnant, are dead after being
shot inside the King County Courthouse shortly after 9 a.m. today. A third victim,
also a woman, was in surgery and in critical condition at Harborview Medical
Center. The gunman, identified as Timothy C. Blackwell, 47, was quickly
subdued by jail corrections officers who were nearby. Police removed a semiautomatic handgun from him.
King County Executive Gary Locke today announced that security screening
devices would be installed at one entrance of the courthouse, and perhaps two
more, by tomorrow. If the devices are not at the other two entrances by morning,
they could be closed temporarily, Locke said.

STANDING TO SUE & THE CASE OR CONTROVERSY RULE

Standing
Standing, sometimes referred to as standing to sue, is the name of the
legal doctrine that focuses on whether a prospective plaintiff can show that
some personal legal interest has been invaded by the defendant. It is not
enough that a person is merely interested as a member of the general
public in the resolution of the dispute. The person must have a personal
stake in the outcome of the controversy.

CASE OR CONTROVERY RULE

Courts do not simply give advisory opinions; you cant just wander down to a judge
and ask What do think if I did this? Courts resolve real disputes between parties.
For a Court to become involved, there must be an actual case or controversy, not
something hypothetical or speculative.

Current Policy
WAC 478-136-030
Limitations on use.

(d) All persons entering events in Husky Stadium or other athletic venues or events in
other university auditoria or facilities shall be subject to having all containers, bags,
backpacks, coolers, or similar items visually inspected. Security personnel shall first ask
permission to visually inspect the item and advise the person that he/she may refuse.
Persons who refuse to allow inspection shall be allowed to return the item to a vehicle or
otherwise dispose of it, after which admission shall be allowed. Persons who refuse the
visual inspection and refuse to dispose of the item shall be denied entry.

Whats changed? What happened to my big victory?

UNITED STATES V. SKIPWORTH (1973)

Defendant was stopped at an airport boarding gate, by security, because he fit the
profile of a potential skyjacker. A warrantless search of the defendant produced
cocaine. At trial, Skipworth argued that the drugs should be suppressed, because
the search violated his 4th Amendment right to be free of unreasonable searches.
The question presented to the Court was whether pre-boarding searches, at
airports, violated the 4th Amendment.
THE THREE-PART TEST (PAGE 1275):
1. Reasonableness requires that the courts must weigh more than the
necessity of the search in terms of possible harm to the public.
PUBLIC NECESSITY

2.

The equation must also take into account the likelihood that the search
procedure will be effective in averting the potential harm. EFFICACY
OF THE SEARCH
3. On the opposite balance we must evaluate the degree and nature of
intrusion into the privacy of the person and effects of the citizen which
the search entails. DEGREE OF INTRUSION
PUBLIC NECESSITY. Bitter experience has taught us that the physical dangers
of mass kidnappings and extortion posed by air piracy are even greater than the
dangers against which the usual border search is directedsuffice it to say that
there is a judicially-recognized necessity to insure that the potential harms of air
piracy are foiled
EFFICACY OF THE SEARCH. The search procedures have every indicia of being
the most efficacious that could be used. The group being screened is limited to
persons with the immediate intention of boarding the aircraft. Metal detectors,
visual inspections, and rare but potential physical searches appear to this court to
provide as much efficiency to process as it could have.
INTRUSION. the intrusion which the airport search imposes on the public is
not insubstantial. It is inconvenient and annoying, in some cases it may be
embarrassing, and at times it can be incriminating. There are several factors,
whoever, which make this search less offensive to the searched person than similar
searches in other contexts. One such factor is the almost complete absence of any
stigma attached to being subjected to search at a known, designated airport search
point [the searched person] voluntarily must come to and enter the search area
[and finally] unlike searches conducted on dark and lonely streets at night where
frequently the officer and the subject are the only witnesses, these searches are
made under supervision and not far from the scrutiny of the traveling public.
SKIPWORTH COURT we hold that those who actually present themselves for
boarding on an air carrier, like those seeking entrance into the country, are subject
to search based upon mere or unsupported suspicion
QUOTING JUDGE FRIENDLY
Determination of what is reasonable requires a weighing of the harm against the
need. When the object of the search is simply the detection of past crime, probable
cause to arrest is generally the appropriate test WHEN THE RISK IS THE
JEOPARDY TO HUNDREDS OF HUMAN LIVES AND MILLIONS OF
DOLLARS OF PROPERTY INHERENT IN THE PIRATING OR BLOWING UP
OF A LARGE AIRPLANE, THE DANGER ALONE MEETS THE TEST OF
REASONABLENESS, SO LONG AS THE SEARCH IS CONDUCTED IN GOOD
FAITH FOR THE PURPOSE OF PREVENTING HIJACKING OR LIKE
DAMAGE AND WITH REASONABLE SCOPE AND THE PASSENGER HAS
BEEN GIVEN ADVANCE NOTICE OF HIS LIABILITY TO SUCH A SEARCH
SO THAT HE CAN AVOID IT BY CHOOSING NOT TO TRAVEL BY AIR.