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It's definitely a violation of 4th amendment rights. My guess is that we'll see a Supreme Court case within the next year about this, and that the TSA will be found in violation. Strip searches can only be performed when there is reasonable suspicion, even at international airports.
Additionally the scanners have not been independently vetted and pronounced safe by anyone without a financial interest in them.
It's definitely a violation of 4th amendment rights. My guess is that we'll see a Supreme Court case within the next year about this, and that the TSA will be found in violation. Strip searches can only be performed when there is reasonable suspicion, even at international airports.
Additionally the scanners have not been independently vetted and pronounced safe by anyone without a financial interest in them.
How is a non-compulsory action unreasonable? A 4th amendment argument would necessarily rest upon that question.
I was with a Canadian friend at the airport, he was flying home from the States, he walked though, and was not required to do the scanner or anything. I had to do the scanner, and then they had a fit because of my watch on my arm.
Also, since they excuse the ladies in burkas, because it is against their religion, I should be excused too. Because it is against my "religion" to be scanned or felt up, by another woman.
It is not compulsory as it is not required to submit to a body scanner in order to travel on a commercial aircraft.
If you're one of the few people chosen to begin with, you can freely opt out and get a pat-down instead.
Opting out because you don't want someone looking at your privates or don't want to be subject to the radiation is not enough to raise reasonable levels of suspicion to warrant a pat down. Refusing to walk through a metal detector--that is. Big difference. To require a pat down because you refuse to be radiated or strip searched is a violation of the 4th amendment.
They're warranting the pat down based on your being randomly selected for secondary screening. Once selected, you have the option of a pat down, or, if the airport is equipped, a body scanner. You don't have the option of saying, "No thanks, I'd rather not get screened today" as that defeats the point of security in the first place.
They give you two options (provided the airport is equipped with scanners), pick whichever you want. If you don't feel comfortable with the scanner, then choose the pat down. I'm still not sure how thats unreasonable or constituting an unreasonable search.
They're warranting the pat down based on your being randomly selected for secondary screening. Once selected, you have the option of a pat down, or, if the airport is equipped, a body scanner. You don't have the option of saying, "No thanks, I'd rather not get screened today" as that defeats the point of security in the first place.
They give you two options (provided the airport is equipped with scanners), pick whichever you want. If you don't feel comfortable with the scanner, then choose the pat down. I'm still not sure how thats unreasonable or constituting an unreasonable search.
Read the 4th amendment. They can't search you without cause--ie reasonable suspicion that you have committed or are in the process of committing a crime. Just showing up at an airport and not wanting to be groped or strip searched/irradiated is NOT reasonable suspicion. The "choice" they offer is not a legal way to bypass the Constitution. That's like saying "You're getting taken in for questioning because you are walking into your office building. Do you want to sit next to Bubba the rapist or the guy who just pee'd himself again and hasn't bathed in three weeks." Either is unacceptable treatment for someone who committed no crime and did absolutely nothing to warrant being searched.
I'm not suggesting no screening. I am saying that the "enhanced" screening hasn't found a SINGLE ITEM that a metal detector and hand baggage x-ray wouldn't have also found. And frankly they miss so much that's it's simply comical anyhow. I know this for a fact, in the past month I've had a full water bottle in my briefcase twice and they didn't catch it. They are too busy strip searching little kids and 90 year olds to do their jobs effectively.
Read the 4th amendment. They can't search you without cause--ie reasonable suspicion that you have committed or are in the process of committing a crime.
Sure they can, since you give voluntary consent. You can also choose not to give consent to a search and not get on the plane, nobody will then force you to be searched like they could if there was suspicion of you committing a crime.
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