Legality of TSA Pat Down Term Paper

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" (Grigg, 19) That Muslim passengers trigger these bouts of anxiety is unfortunate. The panic that is current many years after 9/11 shows that the terrorists have succeeded in terrorizing the society.

Legally search and security ought to be non-discriminatory and legal for which amendments have to be made in the law. Facility to cause an absolute search of people and cargo must be present at airports and there must be training to the personnel of the airport and flight to conduct searches within legal limits.

To Stop the Illegal Searches:

That being the present state of paranoia, the problem is likely to be enhanced with the death of Bin Laden and fear of escalated violence against U.S. targets. This would put the people into greater control and total removal of privacy rights. Earlier the mention of the impediments in the Fourth Amendment that prohibits unreasonable searches and seizures must be seen in this light. Today those who are on holiday or students and the American and international travelers are subject to a state-of-the-art full-body scan, "officially known as advanced imaging technology, which can "detect a wide range of threats to transportation security in a matter of seconds," and little privacy is given by blurring the faces of the passengers but the images created are of naked bodies, the process becomes an invasion of privacy. (DeWitt, New TSA procedures stir controversy. Passengers will notice a change in airport security while traveling this holiday season as a result of the new scans and pat-downs)

The alternate is to undergo a full-body pat-down. Though there were pat downs, the new pat-downs are controversial because the private body parts are searched and these were skipped in the past. Jeffrey Rosen, George Washington University law professor says that the "TSA is invasive, annoying and unconstitutional." (DeWitt, New TSA procedures stir controversy: Passengers will notice a change in airport security while traveling this holiday season as a result of the new scans and pat-downs)

The only way to stop this illegal setup is to pass acts, which seem to be what Texas is about to do. Of late the public have arisen against this illegal setup. For example, the Young Conservatives of Texas -- YCT have come out with support for the House Bills 1937 and 1938 that will create criminal penalties for "offensive touching of persons seeking access to public buildings and transportation." (McDonald, YCT Support Legislation Banning "Naked Scanners" and "Groping Pat-Downs" in Texas Airports) While scanning is also invasive the use of x-rays, that penetrate clothing, shows the contours of their bodies. In the pat-down procedure, "a TSA agent touches their breasts and pelvic genitalia as part of the search." (McDonald, YCT Support Legislation Banning "Naked Scanners" and "Groping Pat-Downs" in Texas Airports)

So far as Texas is concerned, the House Bill 1938 if passed will do away with the whole-body scanners at Texas Airports. It also will do away with body scans. The only way to overcome this illegal operation is therefore to make it really illegal in all states. Then the authorities will find a better way to scan passengers within the constitutional frame work.

References

Daily Mail. They were staring me up and down: Woman claimed TSA security staff singled her out for her breasts. Daily Mail, 26 November 2010, pp: 7-8.

DeWitt, Joce. New TSA procedures stir controversy: Passengers will notice a change in airport security while traveling this holiday season as a result of the new scans and pat-downs. 2 December, 2010



Douglas, Carol Anne. et al. United States: Airport Security Officials Pat Down, Strip Search

Women. Off Our Backs, vol. 35, no. 1/2, January/February 2005, pp: 8-10.

Grigg, William Norman. Are the Terrorists Winning? The Purpose of Terrorism Is to Intimidate Targeted Populations into Surrendering Their Freedoms. How Far Advanced Is This Process in the United States?. The New American, vol. 22, no. 19, September 18, 2006, pp: 19-21.

Infowars. Rep. Duncan Blasts TSA "Pat Downs," Chertoff's Body Scanner ties.

17 November, 2010.

John, Peter. Air Piracy, Airport Security, and International Terrorism: Winning the War

against Hijackers. Quorum Books: New York. 1991.

McDonald, Tony. YCT Support Legislation Banning "Naked Scanners" and "Groping Pat-

Downs" in Texas Airports. 16 March, 2011.



Minert, Steven R. Square Pegs, Round Hole: the Fourth Amendment and Preflight Searches

of Airline Passengers in a Post-9/11 World. Brigham Young University Law Review, vol. 2006, no. 6, 2006, pp: 1631-1634.

TSA. Gov. TSA Statement on New Security Measures for International Flights to the U.S. 3

January, 2010.

Wallis, Rodney. How Safe…[continue]

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