New Transportation Safety Agency rules require all passengers to be scanned with the full body scanner (known by the operators as the “dick-measuring device”) prior to boarding a commercial airplane. The alternative to doing so is an intrusive manual pat-down which will not exempt your private parts.
This violation of your personal privacy is a direct assault on the Fourth Amendment, which states:
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.
Let’s review that. . . “The right of the people to be secure in their persons. . . against unreasonable searches. . . shall not be violated.
This is an unreasonable search. This intrusion of privacy would result in criminal charges if any citizen engaged in such behavior. The government has no special exemption with regards to civil or criminal behavior. In performing this search, the government does not have probable cause – boarding a commercial aircraft does not constitute probable cause. TSA does not have a blanket search warrant to engage in such searches – such a warrant would be unconstitutional because of a lack of specificity.
The only reason the TSA gets away with this is because people let them. The next time you book a flight, tell your boss that you may not make the flight if TSA interferes. Stand up for your rights, and deny the TSA their unconstitutional search. Demand that the airline reimburse you if you miss your flight. Do your best to cost the airline as much money as possible over this. Tell your friends to do the same. Go through your TEA party connections if you have them and tell all freedom loving Americans that we’ve had enough! I would feel much safer on an airplane if they issued every able-bodied male a snub nose .38 with a load of rubber bullets and dispensed with all this useless hand-waving over screening passengers.
If even 50% of people flatly refused to submit to such a search and stood their ground against government bullies, this nonsense would stop in a New York Minute.
I will be traveling on business in late January. Are there any lawyers that want to represent me when I collide with the TSA, assuming they’re still pulling this BS?