Does Carnival have the right to open checked luggage?

[Aquahound]

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.

 

The 4th Amendment does not apply to searches, seizures, or arrests by private citizens. If I want to search someone entering my home, I have every right to do so as long as I do not commit a crime, like Assault and Battery or Theft. In other words, they have the right to refuse as long as they do not remain. Remain with that understanding, and they are subject.

 

Same goes for the CCL contract. When signed, it is agreed that CCL has the right to search bags as a condition of you boarding their ship. This makes the search reasonable, they have standing, and although unlikely they would do this, it is not necessary for the passenger to be present if the cruise line wanted to open your bag.

[Sargent_Schultz]

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.....

 

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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They have a right to inspect - that is in the contract. They do not have a right to break the lock and they will not.

 

If your luggage is not locked, they do not have to require that you be present which is one of the reasons why I lock it.

 

The 4th amendment isn't applicable.

[yourbestfriend]

This is what the cruise ticket says

 

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.

 

I think the moment someone bought a ticket they forfeited their rights to luggage privacy with or without a lock. It doesn't seem like semantics of a lock plays into this, from what I am reading.

[waldocruiser1]

Cruise ships cant fly? :p

 

Are you sure, I have seen pictures where little wings pop out at the mid ship sides, sure looks like a flying fish then,

 

They do seam to jump out of the water from time to time,

[Beebob1]

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

 

 

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They will find "naughty" in my luggage with the S&M toys :)

[Isa65]

they will find "naughty" in my luggage with the s&m toys :)

 

tmi....

[fourcruisin]

Not getting into if CCL has the "right" or not but on our Splendor cruise 3 weeks ago, I had a bag with water and soda. We only use zip ties because I figure if someone wants to steal something, a $5 lock is not going to stop them.

 

Anyway, when the bag arrived in our suite, I didn't even notice the zip tie had been removed but when I opened the bag, there was a form letter from CCL stating that they thought they observed something suspicious so our bag was opened and searched. Upon closer inspection, they determined there was no violation and all was well.

 

I assume that CCL has the right to check my luggage. I don't have a problem with it. I do have a problem with rude, condescending, and dim-witted TSA agents that I have encountered lately but that's a different story for another day!

[waldocruiser1]

Not to mention that Carnival warns you (right in the same FAQ where they 'suggest' you leave your bags unlocked :rolleyes: ) that the port baggage handlers are not employed by the cruise line, so if your stuff is missing when you go to unpack, don't come crying to them.

 

Yes, locked bags can still be broken into by a determined thief. Doesn't mean I have to make it any easier for them.

 

You know, when I am standing around the airport or cruise port, I always look for the bags that are locked, I figure that some people will put good things in any bag, but only people that have good things in their bag will also put locks on them.

 

So if I am going to go through a bag, I might as well increase my odds of finding something good by only picking bags that have locks on them,

 

If I were a bag searching thief, and I am not saying I am, but if I was,

 

I would also like bags that have big hard lumps sticking out of them that tells me camera, computer, video camera, "money"

 

Yes they can open you luggage, and will if they want in, locked or not,

 

If time is not an issue, they will call you to open it.

[Sargent_Schultz]

This is what the cruise ticket says

 

 

 

I think the moment someone bought a ticket they forfeited their rights to luggage privacy with or without a lock. It doesn't seem like semantics of a lock plays into this, from what I am reading.

 

Breaking a lock is, if you will, assaulting the luggage and results in damage. If Carnival damages your bag, they are most certainly libel.

 

Those who have cruised for years know that Carnival used to even tell passengers they had to lock their luggage. And yes, even well after 9/11 passengers were supposed to lock the luggage.

[Sargent_Schultz]

You know, when I am standing around the airport or cruise port, I always look for the bags that are locked, I figure that some people will put good things in any bag, but only people that have good things in their bag will also put locks on them.

 

So if I am going to go through a bag, I might as well increase my odds of finding something good by only picking bags that have locks on them,

 

If I were a bag searching thief, and I am not saying I am, but if I was,

 

I would also like bags that have big hard lumps sticking out of them that tells me camera, computer, video camera, "money"

 

Yes they can open you luggage, and will if they want in, locked or not,

 

If time is not an issue, they will call you to open it.

 

That thief is sure gonna jump when my overstuffed locked bag pops open like a jack in the box with very little in the way of valuables. Put valuables in carry on luggage and keep it with you at all times.

[scooterpopsnana]

As others have said if your bags are locked you go to the naughty room only if they feel you have something that needs to be inspected.

 

I have locked mine for years after I watched port employees kick them around like a football while loading them in to the stalls / bins.

 

 

Or, if the drug dogs "hit" on the luggage or X-Ray shows something suspicious.

[gfy012]

Breaking a lock is, if you will, assaulting the luggage and results in damage. If Carnival damages your bag, they are most certainly libel.

 

Those who have cruised for years know that Carnival used to even tell passengers they had to lock their luggage. And yes, even well after 9/11 passengers were supposed to lock the luggage.

 

I'm sure they would buy you a new $2.00 lock.

[Sargent_Schultz]

I'm sure they would buy you a new $2.00 lock.

 

The locks are integrated into the suitcase. They would need a pry bar or a lock pick.

 

There are no requirements for TSA locks. I could wrap a tow chain around it and padlock like Houdini.

 

They simply do not break locks.

[Sargent_Schultz]

Or, if the drug dogs "hit" on the luggage or X-Ray shows something suspicious.

 

If they suspected drugs or a bomb or something, they would call the appropriate authorities and not allow the bag to be placed on the ship.

[scooterpopsnana]

If they suspected drugs or a bomb or something, they would call the appropriate authorities and not allow the bag to be placed on the ship.

 

I was referring to the right to search.

[yourbestfriend]

Whether Carnival will break a lock or not is really a pretty mute point. If they ask you to unlock your suitcase and you refuse it is by by you.

[mbalmr71]

The 4th Amendment does not apply to searches, seizures, or arrests by private citizens. If I want to search someone entering my home, I have every right to do so as long as I do not commit a crime, like Assault and Battery or Theft. In other words, they have the right to refuse as long as they do not remain. Remain with that understanding, and they are subject.

 

Same goes for the CCL contract. When signed, it is agreed that CCL has the right to search bags as a condition of you boarding their ship. This makes the search reasonable, they have standing, and although unlikely they would do this, it is not necessary for the passenger to be present if the cruise line wanted to open your bag.

 

The 4th ammendment to the US constitution: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

 

This also applies to locked suitcases as evidenced by Arkansas vs. Sanders, 1979 where the opinion states the following:

 

Luggage is a common repository for one's personal effects, and therefore is inevitably associated with the expectation of privacy.

 

The Common interpritation is that the 4th amendment right may not be abridged except by specific court order issued with probable cause usually on a sworn statement from a law enforcement officer. The ammendment applies to private citizens as well. You have every right to conduct a search of your home but not of someone in your home. If you doubt this than I suggest you compel your next female visitor to submit to a full body search. Let me know how that works out for you.:rolleyes:

 

Sorry, that sounds a bit snarky. Truly just enjoyning the debate. No ill will intended.

 

Airports and the TSA do violate the 4th amendment but the supreme court in U.S. vs Davis in 1973 said that minimal violations were permissable to secure safe air travel. The opinion further limited the scope of the search to weapons and explosives. In 2009 the technical breaches of the 4th ammendment were removed by the HSA and they have much broader authority but it still only relates to airports and air travel.

 

The exemption does not apply to cruise lines and therefore they may not search without consent and therefor may not break or cut your lock.

 

Sorry to those who are tired of reading but I am reticent to allow anyone to misrepresent fact. Most notibly when it comes to the constitution. Not mad just picky.

 

The bottom line is the rules are simple. Follow them. If you get called to the naughty room then show them. If they confiscate something and refuse to return it then you have an issue.

 

My last point. Promise. The list of things they do not allow you to bring on or "prohibited items" insinuates that they are prohibited for the safety of the ship and passengers. I find it a bit silly that items that are prohibited to be brought onboard are actually stored onboard. If they are unsafe then it should be stored on shore until you return. In Texas the law prohibits you from bringing alchohol into an establishment that sells it. Louisiana does not. I wonder if someone challenged the booze ban in Louisiana if it would hold up??

[late seating]

Calling you to the "naughty room" is pretty much like anything else cruise lines do. It is all about money. The can not legally break your lock and go into your luggage. Your are called to the NR after it has gone through X-ray and they see a bottle, thereby suspecting that you are smuggling .

 

We were once called down and after they saw we had two bottles of wine, which is allowed, they apologized and carried our bag to our cabin

[waldocruiser1]

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

 

I believe they are BOTH right,

 

A. (Sholtz) Yes, Carnival does not have the right to search your bag by forcing their way in.

 

B. (the other poster) Yes, Carnival does have the right to search your bag by forcing their way in, if needed.

 

I believe the rule that makes them both correct is that Carnival has the right to deny bording to anyone that does not comply with the rules, so if you don't want to let them search your bag, they are going to not let you search their ship (on your cruise vacation)

 

What does it matter anyway, if you are not doing anything wrong, so what (yea yea yea, they are violating your rights, so what, it did not hurt me)

[waldocruiser1]

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

 

Besides your OPINION, why do you keep saying this, do you have proof?

 

Not your opinion, actual facts?

[yourbestfriend]

 

We were once called down and after they saw we had two bottles of wine, which is allowed, they apologized and carried our bag to our cabin

 

Except you were in the wrong so why would they have to apologize. Per your ticket:

 

Guests are prohibited from bringing alcohol on Carnival's vessels for on board consumption. However, at the beginning of the cruise during embarkation day, guests 21 years and older may bring on board, only in their carry-on luggage, one bottle, per person, of wine or champagne, 750ml or less.

[yourbestfriend]

The exemption does not apply to cruise lines and therefore they may not search without consent and therefor may not break or cut your lock.

 

But (and this is not an argument point but a question to the legal eagles out there) haven't you given consent with the purchase of your ticket after reading the restrictions on the ticket which gives Carnival the right to search your luggage. The fact that a simple closure lock is on the bag in no way dissolves you of the agreement you made when you bought your ticket. You can't pick and choose which ticket items you agree to, and a lock is a way of picking and choosing, isn't it?

[waldocruiser1]

The 4th Amendment does not apply to searches, seizures, or arrests by private citizens. If I want to search someone entering my home, I have every right to do so as long as I do not commit a crime, like Assault and Battery or Theft. In other words, they have the right to refuse as long as they do not remain. Remain with that understanding, and they are subject.

 

Same goes for the CCL contract. When signed, it is agreed that CCL has the right to search bags as a condition of you boarding their ship. This makes the search reasonable, they have standing, and although unlikely they would do this, it is not necessary for the passenger to be present if the cruise line wanted to open your bag.

 

This goes along with the right of private businesses to refuse service to people they don't want,

 

Again, if you are not doing anything wrong, who cares.

 

If you lock to keep your granny pannies from popping out, great, if you are locking to keep your rum runners from being found, to bad,

[Sargent_Schultz]

Besides your OPINION, why do you keep saying this, do you have proof?

 

Not your opinion, actual facts?

 

My opinion is a good as anyone elses. For facts perhaps check post #67 or allow me to summarize, "I'm right". :D

[waldocruiser1]

Not getting into if CCL has the "right" or not but on our Splendor cruise 3 weeks ago, I had a bag with water and soda. We only use zip ties because I figure if someone wants to steal something, a $5 lock is not going to stop them.

 

Anyway, when the bag arrived in our suite, I didn't even notice the zip tie had been removed but when I opened the bag, there was a form letter from CCL stating that they thought they observed something suspicious so our bag was opened and searched. Upon closer inspection, they determined there was no violation and all was well.

 

I assume that CCL has the right to check my luggage. I don't have a problem with it. I do have a problem with rude, condescending, and dim-witted TSA agents that I have encountered lately but that's a different story for another day!

 

Speaking of TSA agents, and those lines,

 

I like how they want you to slow down and spread out all your stuff, but once it comes through the scanner it is Hurry up and get it back in the bag and get out of here, they pace and push the tubs in to your tub to annoy you to hurry up.

 

Just so you know, I always try to get to the airport early, and when I get through the scanner, I am the jerk that is taking so long packing back up and putting my shoes back on.

 

I can put my 270 pounds down on one hand in the tub and hold it there when they are trying to push me down the line further. Then I go even slower. Not to be annoying but to make sure I don't forget anything.

 

It is funny, I pack my carryone at home in about 5 minutes, but at that point in line, I think my record is 12 minutes that felt like an hour. Kind of upsets my wife though.

 

So if you are near the guy taking his time repacking, he is doing it for all of us that are tired of TSA's one way making the rules.