Quantum Windbag
Gold Member
- May 9, 2010
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- #221
Is that what's really happening? I doubt that would be PC...
How convenient for you that you can completely ignore the point I made and refuse to actually explain how a pat down of anyone is an administrative search of luggage.
There is no mandatory pat-down.
The language you quote is from the description of the legal precedent prior to the ATSA which is based on the search being "no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives".
Even prior to the passage of ATSA and the Federalization of the screening work force, Federal courts upheld warrantless searches of carry-on luggage at airports. Courts characterize the routine administrative search conducted at a security checkpoint as a warrantless search, subject to the reasonableness requirements of the Fourth Amendment. Such a warrantless search, also known as an administrative search, is valid under the Fourth Amendment if it is "no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, " confined in good faith to that purpose," and passengers may avoid the search by electing not to fly. [See United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973)].
While the searches at the airport will be conducted by private screening companies, such searches will continue to be subject to the Fourth Amendment requirements of reasonableness because they are conducted at the instigation of the federal Government and under the authority of federal statutes and regulations governing air passenger screening.
No mandatory pat down? Are you saying this did not happen?
[ame=http://www.youtube.com/watch?v=V1B3AubsTBo]YouTube - TSA harassing and searching a 9 year old[/ame]
If so you should inform the TSA website that they have it wrong when they explain what happened and how it was not meant to ensnare people who were getting off the train.
You defense of the TSA is predicated on an erroneous assumption that they only search people who get on planes. My attack of them is based on the knowledge that they intend to expand their authority into every part of our lives and fully intend to search people even if they board subways, trains, and buses.
TSA chief John Pistole to put priority on rail, subways - USATODAY.com
Random Pat-Downs Turn PATCO Into Police State | NBC Philadelphia
TSA conducts security sweep at Knoxville Greyhound station
I prefer to speak up now and stop them from doing what they are before they grab the authority to strip search me anywhere in public.