PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Pat-Downs at Airports Prompt Complaints

Posted on November 19, 2010 by pogowasright.org

Susan Stellin reports on complaints over the more invasive pat-downs air travellers are being subjected to:

In the three weeks since the Transportation Security Administration began more aggressive pat-downs of passengers at airport security checkpoints, traveler complaints have poured in.

Some offer graphic accounts of genital contact, others tell of agents gawking or making inappropriate comments, and many express a general sense of powerlessness and humiliation. In general passengers are saying they are surprised by the intimacy of a physical search usually reserved for police encounters.

Stellin also includes quotes from two Fourth Amendment lawyers that I’ve frequently cited on this blog: Orin Kerr and John Wesley Hall, Jr. Not surprisingly, they don’t agree.  And not surprisingly, I’m hoping that the courts see it the way Hall does:

“For Fourth Amendment purposes, you can’t touch somebody like this unless you’re checking them into a jail or you’ve got reasonable suspicion that they’ve got a gun,” said John Wesley Hall, a criminal defense lawyer who specializes in search and seizure law.

“Here there is no reasonable suspicion,” he said. “It’s the pure act of getting on a plane.”

But Orin S. Kerr, a law professor at George Washington University, said the courts had generally supported the government’s claims in cases involving airport screening, although new cases would have to balance the more invasive nature of current search procedures with the government’s security needs.

“Reasonableness is a murky standard, so there’s room for a new legal challenge,” Professor Kerr said. “But the tenor of earlier cases is pretty deferential to the government.”

Read more on the New York Times.

It’s time for the courts to stop deferring to the government.  They deferred to the government on warrantless wiretapping and our civil liberties were trampled.   They deferred to the government on the treatment and rights and detainees and human rights were trampled.  The security theatre and erosion of rights needs to stop unless we want to replace the lyric “The land of the free” with “The land of the subjugated.”  Somehow, that’s neither musical nor satisfactory.

Category: CourtFeatured NewsSurveillance

Post navigation

← Insurers Test Data Profiles to Identify Risky Clients
Another Hacker’s Laptop, Cell Phones Searched at Border →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed
  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim

RSS Recent Posts on DataBreaches.net

  • Moldovan Police Arrest Suspect in €4.5M Ransomware Attack on Dutch Research Agency
  • N.W.T.’s medical record system under the microscope after 2 reported cases of snooping
  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
  • Education giant Pearson hit by cyberattack exposing customer data
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy