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United States of America v. Daniel Kuualoha Aukai

United States of America v. Daniel Kuualoha Aukai

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Published by Michael Schearer
United States of America v. Daniel Kuualoha Aukai
United States of America v. Daniel Kuualoha Aukai

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Categories:Types, Business/Law
Published by: Michael Schearer on Nov 26, 2010
Copyright:Attribution Non-commercial

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01/14/2013

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 
U
NITED
S
TATES OF
A
MERICA
,No. 04-10226
Plaintiff-Appellee,
D.C. No.v.
CR-03-00062-1-HGD
ANIEL
K
UUALOHA
A
UKAI
,OPINION
 Defendant-Appellant.
Appeal from the United States District Courtfor the District of HawaiiHelen Gillmor, District Judge, PresidingArgued and Submitted En BancMarch 21, 2007—San Francisco, CaliforniaFiled August 10, 2007Before: Mary M. Schroeder, Chief Judge, Alex Kozinski,Andrew J. Kleinfeld, Michael Daly Hawkins,Barry G. Silverman, Susan P. Graber,M. Margaret McKeown, Kim McLane Wardlaw,William A. Fletcher, Ronald M. Gould,Johnnie B. Rawlinson, Jay S. Bybee, Consuelo M. Callahan,Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.Opinion by Judge Bea;Concurrence by Judge Graber
9647
 
COUNSEL
Pamela O’Leary Tower, Esq., Honolulu, Hawaii, fordefendant-appellant Daniel Kuualoha Aukai.Thomas J. Brady, Esq., Assistant United States Attorney, Dis-trict of Hawaii and John A. Drennan, Esq, United StatesDepartment of Justice Criminal Division, Appellate Section,Washington, D.C., for defendant-appellee the United States of America.
OPINION
BEA, Circuit Judge:More than 700 million passengers board commercial air-
9650U
NITED
S
TATES
v. A
UKAI
 
craft in the United States each year.
1
The TransportationSecurity Administration (“TSA”) is given the task of ensuringtheir safety, the safety of airline and airport personnel and, asthe events of September 11, 2001, demonstrate, the safety of the general public from risks arising from commercial air-plane flights. To do so, the TSA conducts airport screeningsearches of all passengers entering the secured area of the air-port. We have previously held such airport screening searchesare constitutionally reasonable administrative searches. Todaywe clarify that the reasonableness of such searches does notdepend, in whole or in part, upon the consent of the passengerbeing searched.
I.A.
On February 1, 2003, Daniel Kuualoha Aukai arrived at theHonolulu International Airport intending to take a HawaiianAirlines flight from Honolulu, Hawaii, to Kona, Hawaii. Heproceeded to check in at the ticket counter but did not producea government-issued picture identification. Accordingly, theticket agent wrote the phrase “No ID” on Aukai’s boardingpass.Aukai then proceeded to the security checkpoint, at whichsigns were posted advising prospective passengers that theyand their carry-on baggage were subject to search. He enteredthe security checkpoint at approximately 9:00 a.m., placed hisshoes and a few other items into a plastic bin, and voluntarilywalked through the metal detector or magnetometer. The par-ties agree that the magnetometer did not signal the presenceof metal as Aukai walked through it. Nor did his belongingstrigger an alarm or otherwise raise suspicion as they passed
1
See
Bureau of Transportation Statistics, February 2007 AirlineTraffic Data, http://www.bts.gov/press_releases/2007/bts022_07/html/ bts022_07.html (last visited May 18, 2007).
9651U
NITED
S
TATES
v. A
UKAI

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