11-20-2010, 06:28 PM
quote:
Originally posted by Glen
The very same people who wanted us all to abandon every civil liberty we have for the sake of "security" are now crying over these machines, which have been in the works for a long time, and the pat-down process which is an administrative search under the Fourth Amendment.
A quick Google search for "administrative search TSA" led me to this, posted by a law student known only as Matthew...
"Just because the Ninth Circuit ruled (in US v. Davis) that 1973 airport screening procedures were legal administrative searches does not mean that the TSA is not currently violating the Fourth Amendment. In fact, the same court addressed secondary screenings only three years ago.
"In Aukai, the Ninth Circuit stated TSA screening procedures are 'well-tailored to protect personal privacy escalating in invasiveness only after a lower level of screening disclosed a reason to conduct a more probing search.' (United States v. Aukai, 497 F.3d 955 (2007)).
"Employing AIT and enhanced pat-downs as primary screening mechanisms hardly seems to comport to that ruling."
And so the debate rages.....