I hope I'd be on the jury for a case where this happens. All the defense attorney would have to do is ask about what triggered the need for the pat down...

Of course, it's not likely that I'd be going in the direction of a guilty verdict with TSA in any way involved in the first place. There are just too many variables there- poor training, some screeners being intellectually challenged, some screeners being morally challenged... There's simply no way to determine the bad apples and rotten apples from the handful of decent ones. That would create holes large enough to drive semi trucks through, as far as I'm concerned.