FlyerTalk Forums - View Single Post - List of cases the TSA has blown with illegal behavior.
Old Nov 27, 2009 | 7:23 pm
  #67  
SATTSO
 
Join Date: Sep 2009
Posts: 3,702
Originally Posted by Trollkiller
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.


Still reading but I wanted you to be able to follow along.
It is interesting to note the following:

Quote:

In their briefs and at oral argument, neither party suggested that there was any purpose or goal in the instant search other than to detect weapons or explosives. TSA screener Petersen stated that he was trained to look for "anything that would bring a plane down" and that the search of Marquez was in accordance with this goal. He further testified repeatedly that he was not trained, nor told, to search for anything other than weapons or explosives, and he said explicitly that he was not trained to look for drugs: "Our job is to make the passengers in the airplanes safe, and we don't look for drugs." Moreover, nothing in the record indicates that he was looking for drugs or criminal evidence; rather, the record supports his assertion that he was trying to "ferret out firearms and explosive devices[.]"
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