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 © 2026 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

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of "reputation risk" as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Show More