HI: TSA check of powdery substance in luggage seen on x-ray was reasonable

TSA’s x-raying baggage at the Honolulu airport produced an unknown substance in a Ziploc bag that TSA could check to be sure it wasn’t explosives for an IED or other harmful thing. Here, it produced drugs, and the search was valid. State v. Kaulukukui, 2024 Haw. App. LEXIS 534 (Nov. 27, 2024) (unpublished):


Here, Agent Galang’s actions were within the reasonable scope of an airport security search, which purpose is to protect against danger to aircraft occupants. See id. The protective purpose of such a search can “only be effectuated if the items subject to search can be identified,” id. at 76, 34 P.3d at 6, and Agent Galang was attempting to fulfill that objective when confronted with the unidentified substance in the Ziploc bags. Agent Galang’s investigation to determine whether the unknown, indiscernible substance in the Ziploc bags was an ingredient for an IED or an explosive or something else that might pose a threat, was properly cabined to that purpose. See id. The Circuit Court erred in concluding that Agent Galang’s investigation of the Ziploc bags containing a substance unknown and indiscernible to him, constituted an illegal search that “went beyond the scope of a legal warrantless administrative search.” See Kaleohano, 99 Hawai’i at 375, 56 P.3d at 143.

We do not address the State’s additional argument regarding application of the plain view doctrine to Sheriff Bayongan’s observation, and whether the sheriff had probable cause to arrest. The Circuit Court suppressed the evidence as the fruit of an unlawful search, and did not reach these issues. In light of our ruling upholding the search, the Circuit Court should address these issues on remand.

This entry was posted in Airport searches. Bookmark the permalink.

Comments are closed.