Porn Found in TSA Search Ruled Criminal Evidence

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.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Show More