Does Carnival have the right to open checked luggage?

[gtalum]

On my first cruise, I bought a cuban cigar that I was planning to smoke prior to returning to the US (since its illegal to bring them back here)

 

Anyway I forgot I smoke it and didnt want to trash it cuz it was kind of expensive so I packed it. Had no issues getting of the ship, or going through airport security, but when I got home and opened my bag there was a nice little note from the TSA saying my back had been searched, so I thought I was out of luck, but then I realized they did not take the cigar! They just searched my bag for god knows what and didnt take my illegal cigar!!

 

I was pretty excited and enjoyed smoking it that much more a few days later!

 

Random FYI: in the future just take the band off. There's no way they'd be able to tell (No sir, that's Dominican. I'd never knowingly violate US law! ;) ). Glad you got away with it that time!

[Sargent_Schultz]

Those who say they do not have the right to open your bags are wrong, and yes, they can legally break the lock if they feel necessary. That does not mean they will and as most have said, they will most likely have you open the bag. But the fact is, they do still have the right to do so when that bag is on their property. The law would support them in that case.

 

No, they don't have the right. The bag is not on their property until it is on the ship and even then, no they can not.

 

If the screeners thought something extremely hazardous was in a bag, they would not open it locked or not- they would call in the proper authorities to investigate.

 

Until Carnival decided to screen mainly for alcohol in luggage, they told passengers they needed to lock their luggage. They will NOT break locks. Period.

[dixieva]

We haven't locked our bags for years. We use zip ties which have to be cut off to get the bag open. I just use them to make sure the zipper stays closed. If my bag goes to the naughty room for whatever reason then they can cut off the zip tie. I always put extra on the top of my clothes so they can put new ones back on. Coming home we do the same thing with the zip ties before we put our bags out in the hall for pickup.

 

Last cruise when I put my carry on bag through x-ray they thought they saw something in there that shouldn't be. So I had to open it and man what a mess when they got through searching it! I had it packed so neatly. There was nothing in there. I was not happy that my stuff was messed up but I know they have to do it.

 

Oh and to me it makes sense that the checked bags come under their authority once it leaves your possession and you check it with the porters.

[Aquahound]

No, they don't have the right. The bag is not on their property until it is on the ship and even then, no they can not.

 

If the screeners thought something extremely hazardous was in a bag, they would not open it locked or not- they would call in the proper authorities to investigate.

 

Until Carnival decided to screen mainly for alcohol in luggage, they told passengers they needed to lock their luggage. They will NOT break locks. Period.

 

Sorry, but you are wrong. There is nothing illegal about it. Feel free to prove me wrong and find the applicable law, but there are none that I am aware of.

[Sargent_Schultz]

Sorry, but you are wrong. There is nothing illegal about it. Feel free to prove me wrong and find the applicable law, but there are none that I am aware of.

 

Neither Carnival nor anyone who touches the luggage from the time you drop it off are in law enforcement. They have no authority to force their way into your luggage. Believe what you wish.

[bobnsons]

Yes, but I think they call you down to the "naughty" room and make you unlock it.

 

 

Me too, they left me a note to vist the naughty room. After them going though the bag we took it back to the room and had a note to make a 2nd trip.

 

Just a hunch but the newer ships have better x-ray equipment to check passenger bags.

 

 

 

:)

[swedish weave]

quote --

All Guests agree Carnival has, at all times with or without notice, the right to search Guest's baggage and/or personal effects for any of the prohibited items, at any location, to ensure compliance with these restrictions. Any Guest who refuses any such search or screening, or any Guest traveling with such items, may be denied boarding or disembarked and no refund of the cruise fare will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy

 

With all the discussion about the right to open luggage, you may be overlooking the more important item in the agreement. THEY CAN DENY BOARDING OR DISEMBARK YOU.

[kybluecruiser]

Ok, thanks, I was told that it is a invasion of privacy and they have no right as it isn't homeland security ect.

 

They can and will go through your bags if the X-ray machine shows something they deem suspicious.

[katiel53]

Sure they can open your luggage. I'd make sure it isn't locked, because if it is they may call you at some point to open it up or they will break off the locks if anything looks suspicious during X-ray.

 

They will call you to the naughty room if your luggage is locked and they need to look into the suitcase. THEY DO NOT BREAK THE LOCKS! Our friends traveling with us on Carnival Dream had their suitcase locked and their carry on wine was in the suitcase instead of in their carryon and they were called to the naughty room to open the suitcase.

 

If the luggage is not locked, Carnival will open it and remove the offending items and notify you.

[Holders3]

Ok, thanks, I was told that it is a invasion of privacy and they have no right as it isn't homeland security ect.

 

Whomever told you this, I wouldn't be listening to this person for anything factual from this point on.

[cruiseonthebrain]

We always leave ours unlocked. I don't want to have to show my face if my naughtiness is noticed :-)

[Rena921]

As others have said, they have the right to search them. Instead of locks we use zip ties, that way if they feel the need to check something out they can just cut the zip tie instead of one of us being called to the naughty room.

[Aquahound]

Neither Carnival nor anyone who touches the luggage from the time you drop it off are in law enforcement. They have no authority to force their way into your luggage. Believe what you wish.

 

And that is exactly why they are allowed to. They aren't law enforcement and therefore do not have to abide by the 4th Amendment. They can legally search any bag they want that is going on to their property, the same way there is no law preventing you from searching any bag entering your house.

 

This is fact, not a belief.

[sparks1093]

Neither Carnival nor anyone who touches the luggage from the time you drop it off are in law enforcement. They have no authority to force their way into your luggage. Believe what you wish.

 

I believe the terms of the contract gives them the right.

[PegNRay]

On our last cruise they thought our 2 metal coffee mugs were irons. They seemed disappointed that they didn't find anything.

[Sargent_Schultz]

And that is exactly why they are allowed to. They aren't law enforcement and therefore do not have to abide by the 4th Amendment. They can legally search any bag they want that is going on to their property, the same way there is no law preventing you from searching any bag entering your house.

 

This is fact, not a belief.

 

I believe the terms of the contract gives them the right.

 

These are the facts. They have no right to break locks and are liable if they do. They have the right to search but not by force. I know I have rights including the right of refusal. They have the right to deny me boarding.

[Aquahound]

These are the facts. They have no right to break locks and are liable if they do.

 

Ok, I have to ask. Are you just arguing for arguments sake? :confused:

[Sargent_Schultz]

Ok, I have to ask. Are you just arguing for arguments sake? :confused:

 

I'm not arguing and am done with you. Carnival has no right to break locks.

[dainew]

I had it done...they called my room to tell me where to come because they need to search my suitcase....I carry the key to unlock my suitcase but before he would search it we where in a hallway and he made sure he was under a camera and also there was another guy there as a witness....of course i had a iron in there and he took it out and told me i would get it back on the last day of the cruise....i did my cabin steward brought it back to my room.....

[Aquahound]

I'm not arguing and am done with you. Carnival has no right to break locks.

 

Considering there is no law preventing it, their contract supports it, they make the rules, and not one single reference can be provided to dispute it, ok, go on believing that. :rolleyes:

[FlaParrotHead]

I'm not arguing and am done with you. Carnival has no right to break locks.

 

Actually you are incorrect on is one, but I'm not going to argue with you. Airports, airlines, cruise terminals, and cruise ships can inspect checked bags at any time. While they will often try to do so in the presence of the owner, they are not required to. Cruise lines can also search your (their) cabins at any time - but that's for another thread.

 

 

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[lady_cruiser]

Cruise ships cant fly? :p

Good answer!

[mbalmr71]

The 4th amendment protects us FROM unlawful searches. This applies to all americans and is not restrictive to Law enforcement personell. There must be a legal exception with proper disclosure before any kind of mandatory search is allowed. No, you do not have the legal right to search someone in your home either. The airport, prisons, courthouses ect. Even in those cases you still maintain the right to refuse by not entering. Hopefully you are not compelled to enter the prison anyway.

 

In US ports, the cruise lines have no legal basis for compelling you to submit to a search of your person or property. You do have the right to refuse. They do have the right to deny you boarding weather by common law or by contract. The contract does not supercede the 4th ammendment either. Carnival would have a tough time denying you boarding without a reasonble amount of evidence to support you were bringing on prohibited items. They have a contractual obligation to provide passage for you. They are not allowed to break your lock. They are not allowed to toss you because your suitcase is locked and are not allowed a more extensive search because it is locked.

 

A completely compliant situation would go something like this.

 

"Passenger Jones, we have asked you to this room because during the course of our normal screening we discovered that it appears that you may have one or more items in your checked luggage that both the ship and your contract for passage prohibit being brought on board. While we would not compell you to submit to any unlawful search we are giving you the opportunity to surrender any prohibited items or demonstrate that you are not in possesion of any."

"Well Mr. Cruise Cop, what if I do not want to open my suitcase but I am telling you there is nothing prohibited inside."

"I can appreciate that passenger Jones and that is your right to do so. However, because we have evidence that it appears you are carrying prohibited items your options are to leave this bag behind, demonstrate there are not prohibited items by opening the bag or not boarding the ship. We cannot allow you to continue the voyage until we feel that there are no prohibited items in your posessesion. If you chose not to board at this time you will not receive a refund at any time."

"Fine, just between you and me the bag is full of nothing but womens undergarments and peanut butter."

"Well sir, that would explain the appearance of 12 large jars on the x-ray. We just need you to demonstrate that they are indeed filled with peanut butter and not rum"

"Well ok but do all these people have to watch?"

 

 

Anyway, follow the rules and you have nothing to worry about.

[Donray]

Sure they can open your luggage. I'd make sure it isn't locked, because if it is they may call you at some point to open it up or they will break off the locks if anything looks suspicious during X-ray.

 

Incorrect advive.

[gfy012]

These are the facts. They have no right to break locks and are liable if they do. They have the right to search but not by force. I know I have rights including the right of refusal. They have the right to deny me boarding.

 

LOL! If they thought they needed to break your lock they will.