Originally Posted by
clrankin
Can this result in a lawsuit from a passenger with nothing better to do? Seems like a clear Fourth Amendment violation to me, since it's outside the checkpoint and sterile areas.
Actually depends. If the photos are not "under clothes" no lawsuit is applicable as you do not have a "reasonable right to privacy" in an airport public space, which the non-sterile area is considered. Likewise, in a store, security cameras are not a 4th amendment infringement.
If, however, it is passive MMW and is looking under clothes, there may be a case since people in airports are not always traveling on planes. (Disclaimer: IANAL)