United States v. McCarty
648 F.3d 820
9th Cir.2011Background
- McCarty's checked bag at Hilo Airport triggered a CTX explosive screen alarm, prompting an administrative search by TSA.
- During the search, screeners spilled a Manila envelope with photographs, articles, and letters involving nude/partially nude minors and related material.
- The district court suppressed all evidence from the airport search, finding the search exceeded the administrative scope and lacked probable cause for arrest.
- The government appealed, arguing the search remained within the permissible administrative scope and that probable cause existed for arrest.
- The Ninth Circuit vacates the suppression order and remands for further proceedings consistent with its opinion, addressing search scope and probable cause issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TSA search remained within administrative scope | McCarty | McCarty | Search exceeded scope; remand needed |
| Whether subjective motive invalidates a lawful administrative search | McCarty | United States | Subjective motive cannot defeat if programmatic purpose legitimate |
| Whether probable cause supports warrantless arrest after lawful search | McCarty | United States | Probable cause assessed by totality; need not show each image; some materials may contribute |
| What evidence may be considered for probable cause on remand | McCarty | United States | Limit fruits of unlawful search; consider lawful scope materials; assess suppression accordingly |
Key Cases Cited
- United States v. Bulacan, 156 F.3d 963 (9th Cir. 1998) (administrative search motive can invalidate scope if impermissible secondary purpose appears)
- United States v. Bowhay, 992 F.2d 229 (9th Cir. 1993) (pretextual motives do not invalidate otherwise valid admin searches when goals align)
- United States v. Davis, 482 F.2d 893 (9th Cir. 1973) (airport screening must be no more intrusive than necessary to detect threats)
- United States v. $124,570 U.S. Currency, 873 F.2d 1240 (9th Cir. 1989) (programmatic incentives can corrupt admin searches when broad discretion exists)
- United States v. Aukai, 497 F.3d 955 (9th Cir. 2007) (special-needs/administrative search framework; scope must remain tied to safety/purpose)
- Edmond v. United States, 531 U.S. 32 (U.S. 2000) (administrative searches with special needs limited by scope and purpose)