A federal appeals court has ruled the 2008 screening at Hilo International Airport leading to the discovery of photos in a child pornography case was within the permissible scope of administrative searches.

The 9th U.S. Circuit Court of Appeals opinion today says it’s up to the district court to determine whether the photos can be used and whether there was probable cause for Simon McCarty’s arrest.

U.S District Judge J. Michael Seabright had ordered suppression of the photos, saying testimony from TSA screeners was “not credible.”

The appeals court vacates the suppression order, saying the photos were found during a routine search for explosives and not because screeners were looking for evidence of child pornography.

McCarty, a British national, was ordered to remain in custody during the appeal process.