Originally Posted by
Superguy
Read the SCOTUS decison Ron, and also the decisions by the lower courts leading up to it. They made the argument that they were monitoring heat eminations from the house and based probable cause for a search based on unusual heat eminations. Also that such eminations coming out of house were public and not considered private.
Lower courts agreed and said that was constitutional. SCOTUS didn't buy it and rightfully overturned it. So apparently, it DOES violate people's rights.
TSA, by its own admission, said it's scanning for energy emitted from devices carried by people. This includes stuff under clothing and in bags. It's the EXACT SAME THING and TSA is making the exact same arguments that SCOTUS rejected. The only real difference is it's using a slightly different technology instead of infrared.
Even if people are in public, like a "house" was, it's still a search to see objects that are under clothing, in bags, etc. You know, things that are private. SCOTUS found that search to violate the Fourth Amendment.
I highly doubt SCOTUS would up hold TSA's actions if/when this goes to court based on previous precedent I cited earlier. TSA's making the exact same arguments that were made in Kyllo. You'd think a lawyer like Francine would read applicable case law BEFORE violating people's Fourth Amendment rights.