TSA searches lack probable cause

5 thoughts on “TSA searches lack probable cause”

  1. Hey there…enjoyed the post. It’s nice to see states standing their ground against the feds. On a related note, recently the TSA has been exposed for working on mobile scanning units to be used at multiple venues. The technology is scary. Apparently, they can scan moving targets up to thirty feet to peer beneath clothes and inside bags. Take a look at my recent post: “TSA Discusses ‘Big Brother’ Type Surveillance.” Certainly if states can manage to fight the TSA on grounds of probable cause for groping, they can do the same in this situation.


    1. I might feel differently if these methods were catching terrorists, but so far the TSA hasn’t caught a single one. Money, manpower, constitutional rights — the cost is too high.

  2. Whenever I mention the Fourth Amendment, I get one of 2 responses; yesterday, I got a third: 1) agreement; 2) “Don’t fly. It’s a privilege, not a right”; and 3) Yesterday, U.S. vs Davis is mentioned as the basis of these searches being allowed [ http://boardingarea.com/blogs/flyingwithfish/2010/11/20/how-the-tsa-legally-circumvents-the-fourth-amendment/ ]

    What’s your take on US v Davis? Is it too vague, and/or being applied too broadly? After reading about Lori Dorn, I really don’t know how anybody justifies this treatment of U.S. citizens by their own Government.

    1. I wasn’t familiar with US v Davis, but now that I am, I’d say it is both too vague and too broadly applied. Of course, so was the Patriot Act. If the government is going to trample our rights anyway, they should at least do it with purpose and profile in accordance with the best intelligence community methods for spotting and tracking terrorists. It’s stupid to observe the niceties of “we can’t profile” but run roughshod over the Fourth Amendment.

... and that's my two cents