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

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Judge Pauses FSC Lawsuit Over Florida AV Law

A U.S. district court judge has paused Free Speech Coalition’s lawsuit over Florida’s age verification law, pending the Supreme Court's ruling in the FSC-led challenge to Texas’ age verification law, HB 1181.

Will Co. Wins Legal Battle Against Pirate Sites

After a nearly four-year court battle, Japanese adult entertainment producer Will Co. has been awarded $4.5 million in damages and ownership of domains formerly belonging to the operator of now-shuttered MissAV.com and other high-traffic pirate sites.

Ofcom Releases Age Assurance Guidelines

U.K. communications regulator Ofcom released on Thursday its finalized official guidance on what constitutes “highly effective” age assurance, which adult sites are required to implement under the U.K.’s Online Safety Act (OSA).

Supreme Court Hears Pivotal Texas AV Case

The U.S. Supreme Court on Wednesday heard oral arguments in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law, HB 1181.

Federal Judge Upholds Injunction Against Tennessee AV Law Pending Appeal

A federal judge has denied Tennessee Attorney General Jonathan Skrmetti's motion to lift an injunction against enforcement of the state's new age verification law, which was scheduled to go into effect Jan. 1.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Show More