Policy Text
Airport Division Page 1 of 5 203/03 (New 9/07)
Random Vehicle Inspections
The purpose of this Order is to established guidelines for cond ucting random vehicle
inspections by Sheriff’s Deputies during heightened security le vels at the Sacramento
International Airport.
I. Policy Statement
A. Random vehicle inspections on vehicles approaching the term inals of the
Sacramento International Airpor t will be conducted at the dir ection of the
Airport Director, and or his/ her designee, with approval from the Sheriff’s
Airport Division Commander. The purpose of random vehicle ins pections
at the Sacramento Internati onal Airport will be to enhance pu blic security
during periods of heightened Na tional Threat Advisory Level ( Level
“Orange”) or higher, to prevent o r deter terrorist attacks at the airport.
B. Random vehicle inspections on vehicle approaching the termi nals of the
Sacramento International Airpor t will be conduc ted until such time as the
National Threat Advisory Level is lowered or at the Direction of the Airport
Director, and or his/her desi gnee, and Sheriff’s Airport Divi sion
Commander. C. Random vehicle inspections will be conducted in a manner to counter the
risk of criminal activity, ri sk to air carrier aircraft opera tions, or to meet
national security concerns.
II. Statutory Authority
A. The Aviation and Transportati on Security Act (ATSA) authori zes broad
powers to the Under Secretary of the Transportation to develo p policies,
strategies, and plans for dealing with threats to transportat ion security;
coordinate countermeasures with appropriate departments and a gencies;
enforce security-related regul ations and requirements; and ov ersee the
implementation and ensure adequa cy of security measures at ai rports.
See 49 U.S.C. § 114 (f).
B. 49 U.S.C. §44903 (c) (1) - ATSA directs the Under Secretary to prescribe
regulations “that require each ope rator of an airport… to esta blish an air
transportation security program that provides law enforcement presence
and capability at each of thos e airports that is adequate to e nsure the
Airport Division Page 2 of 5 203/03 (New 9/07) safety of passengers. The regul ations shall authorize the ope rator to use
services of qualified State, l ocal and private law enforcement personnel.
C. 49 U.S.C § 44903 st ates that the Under Secretary,”[ I]n con sultation with
the airport operator and law enforcement authorities, may orde r the
deployment of such personnel at any secure area of the airport as
necessary to counter the risk o f criminal violence,…the risk t o air carrier
aircraft operations at the airpor t, or meet national security concerns.
III. Supreme Court Analysis
A. The United States Suprem e Court has held that random, non-
discriminatory vehicle inspecti ons are constitutionally valid administrative
searches, and do not require pr obable cause as long as they ar e
conducted as part of a general r egulatory scheme in furtheranc e of an
administrative purpose, rather th an as part of a criminal inve stigation to
secure evidence of a crime.
B. The Supreme Court s pecifically addresses suspicionless searc hes at
airports and are valid if it is “ no more intrusive or intensive than necessary,
in light of current technology, to detect weapons or explosives ,’ confined in
good faith to that purpose,” and passengers may avoid the searc h by
electing not to fly.
IV. Case Law that Supports “Suspic ionless Searches at Airports
A. Chandler v. Miller, 520 U.S. 305 at 323 (1997)
B. National Treasury Employees Union v. Von Raab, 489 U.S. 656 at674-675
(1989)
C. U.S. v. Kincade, 379 F.3d 813at 822 (9
th Cir. 2004)
D. U.S. v. Davis, 482 F2d 893 (9
th Cir. 1973)
E. U.S. v. Martinez-Fuerte, 428 U.S. 543 (1976)
V. Random Vehicle S earch Requirements
A. Commence under authority from Airport Director, and or his/ her designee,
with the approval from the Comm ander of the Sheriff’s Airport Division
upon notification that heightene d security measures will be im plemented.
The Airport Division On-duty supervisor will ensure the follow ing
requirements are met prior to i nitiating random vehicle search es.
1. Advise motorists that random vehicle searches are being
conducted (via highway sign or other signage).
Airport Division Page 3 of 5 203/03 (New 9/07) 2. Motorist must be provided a means to leave the airport pro perty
after being stopped and refusi ng consent to search. Consider ation
should be made to place electr onic signage at both North boun d
and South bound I-5, a llowing citizens an opportunity to leav e the
proximity of the airport if t hey do not want to be subjected to a
random vehicle inspection on the Airport property.
3. Must minimize intrusion (short and cordial). 4. Must be random and apply to e veryone entering the airport
property.
VI. Supervisor’s Responsibilities
A