FlyerTalk Forums - View Single Post - List of cases the TSA has blown with illegal behavior.
Old Nov 27, 2009 | 5:51 pm
  #65  
Trollkiller
 
Join Date: Jul 2008
Location: Florida
Posts: 3,006
Stop looking SATTSO

Ok I found one case where the random was not deemed to more extensive or intensive than necessary in light of current technology.

http://cases.justia.com/us-court-of-...10/612/574348/

Before you get too happy that case involved using a hand held magnetometer, not a hand search.
The added random screening procedure at issue in this case involving a handheld magnetometer scan of Marquez's person was no more extensive or intensive than necessary in order to detect weapons and explosives. It utilized the same technology and reported results based on the same type of information (e.g., the presence or absence of metal) as the walkthrough magnetometer. See United States v. $124,570 U.S. Currency, 873 F.2d 1240, 1245 (9th Cir.1989) (noting that, unlike this case, "the court cannot sustain a subsequent search that differs in material respects from the search initially approved"). While it arguably constituted a "slight privacy intrusion," Pulido-Baquerizo, 800 F.2d at 902, it was reasonably confined to procedures necessary to detect weapons and explosives, including those that may evade detection by the larger, less sensitive walkthrough magnetometer.
Still reading but I wanted you to be able to follow along.
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