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.

[CodeToad]

“People need to get over it!”

You need to get over your cowardice! Afraid of your on shadow so you want everyone strip searched. Pussy!

[Lurker]

People need to get over it!!

People like you are a huge part of the frigging problem. I don't care to 'get over' having my Constitutionally guaranteed God given rights taken from me forcibly.

Here's a cyber quarter, go by yourself a damned clue.

[maine-iac7]

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!!

did you forget the s/ or you 1: a Nazi wannbee or

2:Ignorant beyond belief.

Tell me, oh wise one, I, a great grandmother - who went through a pretty thorough and embarrassing pat down in full view of everyone 2 yrs ago - before they turned the hands around and have a free pass to molest - I have to go to Italy next year. Could you tell me where to find the train/bus schedules?

[CodeToad]

You are not fit to be an American and I suspect you are not, and if you are, your sorry ass needs to be sent to China where you will feel “safe”.

[kingu]

Privatize the TSA it’s already in the original bill.

No, just dismantle it. There is no need for a universal private security force. Boise International has nothing related to Los Angeles International. Each airline needs to determine what level of security they want to present to passengers, and passengers have to decide if they want to subject themselves to that, or choose another airline. The only thing the federal government can do to actually help the process is to exempt airlines from civil suits based upon discrimination or defamation, and then tack on the end a full financial liability for any terrorist incident that takes place either on or with their property.

Then privatize airports so this nonsense never returns.

Amen to this.

[green iguana]

Not big on rights, eh?

[Kozak]

Can someone plz explain why conservatives who would normally be all for diligence in security procedures are against this? After all, after 9/11 and with raghead suicide bombers/hijackers, this is a different world.

Because it's all bullsh#t from the point of view of security.

Asking the "catechism", "did you pack your luggage, has it been out of your sight yada yada, doesn't improve security.

This...



and this



and this



Don't do anything to increase security.

What would increase security would be to use the sophisticated security and profiling methods used by the Israeli's. You focus ON THE THREAT. You toss in a few random checks to keep the bad guys honest. You don't use kneejerk "one size fits" all methods that torture the majority of fliers that only serve to drain your security resources and make actual security harder.

And you ESPECIALLY DON'T go out of your way to give a pass to the VERY PEOPLE WHO MAKE THE PROCEDURES NECESSARY IN THE FIRST PLACE. AND YES I MEAN MUSLIMS. ALL OF THEM, MEN AND WOMEN.

You focus on them...

And them





Rant off.

[Sergio]

Not sure if this has been approved, but it seems CAIR is instructing Muslims to not submit to the electronic scanners, and telling Muslim women wearing a burka or ha-jib, that they can only be patted from the neck up.

See the post below for more information.

http://www.freerepublic.com/focus/f-bloggers/2627180/posts

[Nebr FAL owner]

No it is not like the wiretapping after 9-11, the wiretaps were on call originating from the middle east to phones here in the USA phone numbers that were found on laptop computers captured from enemy combatants . As for what the perverts of the TSA are doing, that is more along the lines of voyuerism/sexual assualt/groping than security . These actions are engaged by folks who are on a power trip with little real supervision & who have zero respect for the rights of the citizens they are molesting.

[Lower55]

“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!!”

Next move will be to have you bend over and grab your ankles. Wait, not yet...they haven’t told you to bend over yet.

[BobinIL]

I assume you all get this riled up when you go through the metal detectors at the courthouse??? I really don’t see much difference between walking through a metal detector and the scanner at the airport. I am as conservative as you can get and I have nothing to hide. I didn’t realize there were so many jackasses on this board until today.

[Lurker]

I assume you all get this riled up when you go through the metal detectors at the courthouse???

Which exact make and model of metal detector shows my naked body or the naked body of my child to a room full of strangers in direct violation of my States child pornography laws?

I really don’t see much difference between walking through a metal detector and the scanner at the airport.

I'll assume you're merely ignorant and not stupid so I'll try to help. A metal detector is a magnetometer which doesn't emit any radiation on its own. It also doesn't have the capability of retaining a nude photograph of me.

The scanner in use at the airports uses an radiation similar X-rays, has a hard drive which can store images of my and my childs naked bodies. They also have a USB port for convenient downloading of said images.

This is in direct violation of the Illinois State laws against the production and viewing of child pornography.

I didn’t realize there were so many jackasses on this board until today.

I see now I was too hasty in assuming that you were merely ignorant and lacking facts. It's become quite obvious that you're not only stupid but rude as well.

Good day.

L

[1010RD]

We agree, but you don’t have to “dismantle” the TSA at all and actually as conservatives we don’t want to lose the contrast.

In the original enabling bill there’s an opt out provision after two years. All it takes is a few airports - Houston for instance - to opt out and allow private contractors to take over.

With private contractors in place you’ll see an obvious difference.

We cannot quit reminding the public just how bad statism/socialism/liberalism is. When the Soviet Union collapsed it took less than a decade for people to forget the Evil Empire.

Never forget, never again.

[superloser]

I really don’t see much difference between walking through a metal detector and the scanner at the airport.

Well then, by all means submit to Having Your Naked Pictures On The Internet.

Metal detectors don't do that. But hey, if you have nothing to hide, you won't have a problem with the Government keeping naked pictures of you and your family for them to do whatever they want with.

After all, you've got nothing to hide....right?

[tnlibertarian]

I didn't realize there were so many jackasses on this board until today.

It's obvious you didn't get it the first dozen times you were told, so let me try in words you may understand:

Baaa. Baaa baa baaaabaa baaaa. Baaa, baa baaa-baaa BAAAA.

[Joan912]

LOL! Priceless!

[kingu]

We agree, but you don’t have to “dismantle” the TSA at all and actually as conservatives we don’t want to lose the contrast. In the original enabling bill there’s an opt out provision after two years. All it takes is a few airports - Houston for instance - to opt out and allow private contractors to take over.

Again, I believe it should be on an airline level. Anything else hides the inane costs for these ineffective and time wasting 'protections.' They must be airline employees, answerable directly to the desk management at each airport, so that when one of these yahoos exceeds civility to play strong arm games, they can be fired on the spot.

[1010RD]

I get your point and as conservatives we share the same goals. Ideally we would like that, but how do you get there from here?

Step one - privatization, that gets rid of the TSA and wounds it for a generation, hopefully.

(the persistence of bad ideas is incredible and we live in a world of lost knowledge/wisdom)

Step two - privatize airports.

They should be owned like condos with each gate being owned by bidders just like seats on an exchange or at a condo and without limitation.

The streets, ticketing gates, etc. would be treated as common areas and fees would be charged against each gate ownership.

Governments should own/run as little as possible

[DanMiller]

Since the new procedures are obviously lawful, unobjectionable and highly successful, they should be implemented immediately at all federal offices. Those places are very dangerous and some have been attacked.

The fine civil servants working long hours daily to help all of us deserve at least as much protection from harm as do silly vacationers off on holiday frolics and business people out grubbing for money. No cost is too high to pay, and no inconvenience is too great, to provide the protection they so badly need but obviously are not being provided.

In fact, it would be prudent immediately to eliminate the procedures at all US airports and to use the scarce resources they wastefully consume for this far better purpose.

Our selfless public servants may not be enthusiastic about this idea, but they will just have to get over their altruistic notions of self-sacrifice toward the rest of us; it’s for their own good.