Interesting argurment. How do you get around the warning sign, though? "You are subject to search" signs and the like tend to be upheld by SCOTUS, no?
BTW, are you a lawyer?
Just as regards the warning signs, Mrs.triehle is blind (and that creates an issue with the signs that's already been raised here). How do the signs help her? She tries to be as independent as she can be, including setting off on travel on her own from time to time. I read her TK's response ("I would assume that a blind person would have someone guide them through the airport.") and that just made her mad, even when I told her TK was a perfectly nice guy.
I hate to raise the issue again, because if TSA took that objection seriously, they'd probably build an audio loop and speakers into the signs to repeat the message endlessly, or worse, put one of their underemployed TSO barkers to work spreading the word orally. Which would make the airport experience just that little bit worse.
As regards the very informative quote TK pulled out of the Katz decision, I think TK put his finger on the larger issue (whether he's a lawyer or just plays one on TV), and I am no lawyer, and I am opposed to roving passive MMW's, but here's my $0.02, worth not a fraction of that: I bet if this ever comes to a head at the Supreme Court, they will make a distinction between someone behind the four walls of a home (or car) and someone anywhere inside the four walls of an airport (even a blind bat like Mrs.triehle), and allow TSA to go about their nasty business.
BTW, here's a link to the pictures the roving passive MMW will deliver:
http://www.tsa.gov/blog/2009/04/see-...creen-spo.html
and what the nekkid pictures MMW at/near/instead of the WTMD will deliver:
http://aftermathnews.wordpress.com/2...-naked-bodies/