영장주의 예외에 대한 미국판례의 동향과 시사점-공항 및 철도에서 보안검색을 중심으로-

Numerous studies related to the scope -The area of security screening is closely related to warrantless searches. Questions about invasion of privacy were reduced by focusing on whether passengers were notified and allowed to withdraw. Even though that urgency has disappeared today, flight security screening was perceived as acceptable without raising questions about the Fourth Amendment. In order to deal with the threat of terrorist attacks on the subway, it was thought that it was designed with a Special Need to prevent explosives from being brought into the subway rather than general crime control through random searches of subway passengers' belongings. It also ruled that there must be reasonable suspicion to search electronic devices at the border. Some federal appeals courts have distinguished electronic devices from traditional property by considering the "private information" stored on them. Terrorism-related issues are generally close to areas that deviate from the priority principle of issuing prior warrants under general legal principles. By comparing the infringement on personal privacy and the benefit of public safety, it was considered that the benefit to public safety was superior. Security search is a means of defense against public institution facilities as a judicial police officer, and its role and function are different from administrative search as a general administrative agency. In other words, the strictness of the legal procedure is applied to the preparatory stage before the judicial police officer's search. Monitoring of the protection of citizens' rights is necessary.