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Thread: TSA and the Law
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Old May 1, 2009 | 9:10 pm
  #111  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by TSORon
And here Wally is where the conversation is where I was hoping that it would go. People believe that the TSA management is producing procedures and policies that violate laws. Which ones? How? Show me where you get that assumption? Can one provide a link to the relevant statues?
As noted, you have already been given chapter and verse.

The acid test of legality is in a court; preferably SCOTUS. That hasn't happened and I'm not holding my breath. As to Constitutionality, all we have is Davis which is somewhat outdated but nonetheless quite specific. Airport searches are constitutional under the 4th provided they are limited in scope to threats to aviation: weapons and explosives to be precise. The definition of a weapon was not given, so we had the nail-clipper and bookmark nonsense. And anything else you guys imagine.

Davis also stated such searches may not be intrusive beyond the policies and equipment in use at the time: X-rays and WTMDs. Backscatter and other peep-show machines have not been ruled constitutional or otherwise by any court AFAIK. Your management believes (assumes, hopes ?) they are but that's an entirely different matter.

Relevant statue ? Not Rodin's Thinker for sure
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