TSA ‘Strip and Grope’: Meet the Fourth Amendment

Pajamas Media ^ | November 16, 2010 | Dan Miller

[DanMiller]

The new airport security measures meet the definition of "unreasonable search."

Under the Fourth Amendment to the Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

More than two hundred years old, the Fourth Amendment and many other parts of the Constitution often get lost or simply ignored in the fog of bureaucracy en route to enhanced governmental authority over United States citizens. That is not a good thing. Unlike much modern legislation, the language of the Fourth Amendment is short, simple and relatively easy to understand. However, the often incomprehensible gloss applied through legislation and judicial interpretation has made the very important word “unreasonable” difficult to interpret abstractly. However, there is no need for abstract evaluation of the current TSA procedures; they violate the Fourth Amendment no matter how abstractly viewed.

Being Muslim or a member of some other currently protected class probably helps to avoid unpleasant strip searches, being groped, or “no fly list” alternatives. Being an elderly grandmother or a young man or woman busy caring for small children probably does not. Were someone dressed in Muslim garb, speaking in an Arabic language and too busy kneeling in prayer to permit an electronic strip search and then subjected to a “grope” search on pain of being refused boarding, he would probably be seen by some as having more compelling objections and would certainly gain more support from such "patriotic" organizations as CAIR.

[DanMiller]

Even ACLU Legislative Counsel Chris Calabrese has said:

Travelers have the right to opt for a pat-down instead of exposing themselves to the radiation and prying eyes of an anonymous TSA agent in another room. But as ACLU Legislative Counsel Chris Calabrese told USA Today: “Are we giving people two intolerable actions at airports? They can be virtually strip-searched or endure a really aggressive grope?”

That’s exactly what the TSA is doing, in its latest bit of security theater designed to try to make us feel safer without actually increasing safety. And it’s really no choice at all. As Goldberg points out, “the effectiveness of pat-downs does not matter very much, because the obvious goal of the TSA is to make the pat-down embarrassing enough for the average passenger that the vast majority of people will choose high-tech humiliation over the low-tech ball check.” In fact, Goldberg reports that he was told directly by a screener: “That’s what we’re hoping for. We’re trying to get everyone into the machine.”

When the ACLU takes a reasonable position, it is worth consideration.

[E. Pluribus Unum]

By purchasing an airline ticket, you are waiving your constitutional rights.

Just ask Janet.

[kingu]

While the ACLU’s position is telling, what is more telling is that the average air traveler is encountering a more through search than what is given to prisoners. And all this effort has not prevented a single terrorist attempt. 70 billion down the drain, millions of hours of air traveler's time wasted, and it has resulted in no change in safety.

Abolish the TSA, let consumers and airlines determine the method and manner of security. End unconstitutional invasions of privacy. End unreasonable searches and seizures.

[Tigerized]

“By purchasing an airline ticket, you are waiving your constitutional rights.”

I heard a soundbite on the news yesterday that was truly chilling. A TSA manager admitted that these new procedures are a violation of the Fourth Amendment, but then he said “That’s just the way it is.”

So, apparently, any federal employee can arbitrarily whisk away your Constitutional rights should they get in the way of their agenda.

Why do I get the feeling that the Obama administration keeps pushing us harder to incite a response that allows the imposition of martial law?

[WOBBLY BOB]

maybe we need a bomb box.

you walk in, one at a time. it activates any explosive you could have.

if you detonate, you fail.

hose out box and continue sceening.

[The Sons of Liberty]

An illegal regime, headed by a foreign individual usurping the office and powers of the president, has ordered procedures that knowingly violate the Fourth Amendment of the Constitution. This sounds like grounds for civil action against the regime and the individuals involved, and also action to REMOVE the regime.

[BobinIL]

If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus. People need to get over it!!

[EBH]

Nationwide air travel strike ...

schedule for November 24th and November 28th.

Does America have the courage to shut it down?

[EBH]

Maybe it wouldn’t “be this way,” if we were permitted to exercise our 2nd Amendment Rights.

You see...these are our Rights and they (government) has taken away my Right to be secure in my person...

[jcwky]

I know this has probably been posted a “million” times, but I think some old guy once said this:

“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety”

I believe his name was Ben Franklin...

Are we now a nation of cowards?

[Virginia Ridgerunner]

Heh...in John Tyner’s video of his encounter-—the TSO at one point insists that passengers give up their 4th and 5th Amendment rights when they buy the ticket. I don’t think so....

[maddog55]

Excellent idea..

TAS at it's best:

[Virginia Ridgerunner]

Is that you Blogger Bob?

[Blood of Tyrants]

Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves [and all the bleating sheep here at FR]. -William Pitt the Younger

[glennaro]

If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus. People need to get over it!!

So you would agree that there should be signs in the airport security areas along the lines of the ones that use to be at the Mexican border: "You are entering a secured area. Your rights guaranteed under the U.S. Constitution do not apply and no longer protect you." (i.e., If you don't agree with the government's grossly intrusive actions, then "get over it" and leave.)

[RightOnTheBorder]

“If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus. People need to get over it!!”

Or, travelers and airlines can choose what is appropriate for security and the fascists who have a problem with that can take the train or the bus.

[BunnySlippers]

Gizmodo today ... 100 naked body scans posted to the internet. Gizmodo has some.

Janet LIED!

[DanMiller]

If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus. People need to get over it!!

Why yes, of course! Great idea!! Why didn't I think of that?

Now that I have been shown the true light, I urge that the foolish people who want to preserve their other constitutional rights should get over that archaic obsession as well and just do as they are told. Now squat where you are told and eat your healthy food as your benevolent government directs. It is properly looking after our best interests.

Let's just use that silly old Constitution for a nice bonfire; the toasted fat- and sugar- free marshmallows will be yummy! I promise!! Have confidence; believe!!! That will certainly solve nearly all of our problems.

[astyanax]

"If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus."
If you're unwilling to let the government take away your guns, maybe you should own a bat or a knife.
When you are willing to give up your 4th Amendment right, which one will you give up next?

[Eye of Unk]

If I need to fly I will charter a private pilot, even if it costs more, there won't be any TSA scanners if one decides to travel in this manner.