Do TSA body searches violate 4th amendment?
The Philadelphia Inquirer Blog - Winging It
Do TSA body searches violate 4th amendment?
Tom Belden
Today's question in the ongoing saga of TSA's body scanners and the alternative full-body patdown and / or groping: Do the techniques you must submit to in order to fly amount to "unreasonable" searches, as courts would define the 4th amendment to the U.S. Constitution? That's among the questions raised in this New York Times story, which otherwise repeats much of what's been written and said for the last several weeks, in this space and elsewhere, about the new way of doing airport security.
Comments (13)
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If you don't like it,,try amtrak.- I think all Americans should have to submit to a pat down or full body scan every time they leave their houses. That way we can be sure no acts of terror will be committed in our country ever again. If you don't like it, stay home.— sla6yer
- I guess "9/11 never forget" turned into "what about my 4th amendment rights."— Dave the Barber
- It is not unreasonable. There is no right to privacy on a public plane. For the fourth amendment to apply there has to be a reasonable expectation of privacy. due to the constant threat of terror and the different means that terrorist have been using there is no reasonable expectation of privacy while flying.— streetjustice
- I am distrubed to find comments here that fail to understand the issues at stake. Article IV of the Bill of Rights is not geographically limited. The right to be secure in your person and free from illegal search and seizure applies to the individual, regardless of whether that individual is at home, work or the airport. Furthermore, there is a belief among some that sacrifice of this right is the price necessary for security. I say that this is the speech of the cowardly. The first defense against terrorism is the American citizen. The strongest weapon of the American citizen is the Consitution. To voluntarily sacrifice the rights of the Consitution is to weaken the American citizen, and destroy the nation. If the stated goal of terrorists is to destroy this nation, then apathetic and fearul citizens, willing to sacrifice their Consitutional rights, are the terrorists greatest weapon and ally.— Avalokitesvera
- As a retired Marine, I've been in many pitched battles where we knew our lives were on the line but we did our jobs anyway. Some of us were killed and some disabled but we still did the best we could, Now getting on a plane forces us to give up our rights as citizens and the terrorists win. We should live our lives as if they don't exist, let them know we are not afraid and are willing to take our losses if and when they come. We have in a sense all become warriors in the battle against terror, lets show we're not afraid and nothing they can do will force us to disregard our most sacred rights. It's become so bad if they say boo we all clamor for more protection.Let's show them as U.S. citizens we will never cave in to their disgusting tactics. If we do then they have already won. Just think of the cost all this requires and tell me that that $25.00 dollar device is worth the billions it requires to protect us from it and there is still no assurance that all our precautions will work. I for one would rather stand up and say no you will not degrade my liberty no matter what you do. It's a slippery slope when we allow our rights taken away what will be next.— ease
- The ACLU has sued the City of Philadelphia to stop the Police from doing Stop & Frisk searches when investigating shootings as a 4th Ammendment violation. I find it curious the ACLU is asleep when it comes to having all air travelers publicly molested by the federal government.— FMARK
- Yes, they are a violation of our rights but no one really cares anymore.
Placing a 'barrier' security model at the airport is an amateur hour attempt at providing a sense of security- security theater, they call it.
A handful of truly skilled law enforcement officers on patrol would do more to thwart terrorist attempts on our airplanes than a touch point and body scan.
TSA now employs 67,000 who serve mostly as actors playing the part of security professional at airports. Face it, TSA is an inner city jobs bank program.
Just try doing away with that in this city.— rearden215 - FMARK-
ACLU is already engaged on this matter and is preparing a number of federal level suits.
Probable cause concerns, before limited to the Badlands, are now being felt- no pun intended- in the museum area and they don't like it much.— rearden215 
There is nothing "reasonable" about the threat of terrorism. If you refuse a scan and/or a pat down please don't get on the same airplane as I do. Or better yet, stay home and shine your blunderbuss and pitchfork.- ease: I read this paper almost everyday and am amazed at the shallowness of so many of the commnets. Cudos to you for being on-point and 100% correct. Our rights are sacred and what few realize is that the main opponent to our Cosntitutional perogatives is the federal government. Just take a quick look at nearly every Supreme Court case involving individual liberties and you will see who the party almost always is that looks to limit our rights and expand their powers.— alawflier
- ease: I agree 100%! If you're too scared to fly withough a strip search YOU stay home!— pea
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About this blog
Tom Belden has been reporting about Philadelphia International Airport and other air travel subjects for more than 20 years, writing columns for The Inquirer's Travel and Business sections. His reporting (with colleague Craig McCoy) on baggage handling problems in Philadelphia have been credited with helping to improve the system. His previous blog was called Road Warrior. He can reached at tbelden@phillynews.com.
Reach Tom at tbelden@phillynews.com.
Tom Belden
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