Tuesday, May 24, 2011

Body Parts Not Probable Cause For TSA Gropedown, May 24 2011

Network World
While Texas pushes to outlaw TSA groping, EPIC files a lawsuit against Homeland Security for withholding documents about expanding the use of mobile body scanners into crowds of moving people.

After the Texas House of Representatives unanimously passed “Restrain-the-TSA” legislation, which would make invasive pat-downs a crime at Texas airports, it seemed to inject a bit of sanity into arguments of what is reasonable and unreasonable to expect from the Fourth Amendment’s “right of the people to be secure in their persons . . . against unreasonable searches and seizures.” Being sexually assaulted for simply choosing to fly is unreasonable.

The Texas legislation [PDF] proposes to charge TSA agents with a misdemeanor crime, face a $4,000 fine, and one year in jail for any airport inspection that ”touched the anus, sexual organ, buttocks, or breast of another person, including touching through clothing; or touched the other person in a manner that would be offensive to a reasonable person.”

The Washington Times reported that nine other states are seeking similar legislation to defend our Constitution. “Simply traveling or having private parts is not probable cause” for the TSA to think travelers have committed an offense worthy of being groped or being “ogled” in virtual strip-searches via naked body scanners.

Full article here

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