Sorry busy today with work and family. I read through the case quickly, and I am VERY satisfied that additional random searches are legal. Yes, this case involved the use of a HHMD, but the principle is the same.

Quote:

It is hard to overestimate the need to search air travelers for weapons and explosives before they are allowed to board the aircraft. As illustrated over the last three decades, the potential damage and destruction from air terrorism is horrifically enormous. See, e.g., Davis, 482 F.2d at 910; Pulido-Baquerizo, 800 F.2d at 901. However, even with the grave threat posed by airborne terrorist attacks, the vital and hallowed strictures of the Fourth Amendment still apply: these searches must be reasonable to comport with the Constitution.

23
The random, additional screening procedure in this case satisfies the Davis reasonableness test for airport searches. The procedure is geared towards detection and deterrence of airborne terrorism, and its very randomness furthers these goals. This was a limited search, confined in its intrusiveness (both in duration and scope) and in its attempt to discover weapons and explosives.3 Given the randomness, the limited nature of the intrusion, the myriad devices that can be used to bring planes down, and the absence of any indicia of improper motive, we hold that the random, more thorough screening involving scanning of Marquez's person with the handheld magnetometer was reasonable. The district court properly denied Marquez's motion to suppress the contraband found during TSA screening.


I think I can correctly say that additional screening of a pax bag, to detect WEI, if conducted as described above, would also stand up in court.