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Old Jul 11, 2012 | 6:47 pm
  #42  
medic51vrf
 
Join Date: Jun 2012
Location: MEL, PER, PBO, occasionally ships, oil rigs and other places that no sane human being should ever find themselves
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Posts: 804
Originally Posted by nachtnebel
One gives implied consent at the airport checkpoint to reasonable, non invasive searches such as to your luggage and carry-on belongings.

However, AFTER you enter the checkpoint, you still have a choice to make wrt the various strip-search machines, whether to enter them or take the patdown, or withdraw from the checkpoint. That is, just showing up there does not give some sort of blanket consent that you cannot withdraw, and this is indeed reflected in the procedures. That is why there is a detailed description of what will be touched and how in the opt-out rubdown ("patdown") You have the option to withdraw.

There is no point in this process where you irrevocably give permission to the blue gloved wonders to lay hands on you however and whenever they wish. They have to ask in the patdown and in the private hut resolution rubdowns. They must ask permission to touch you at any time.

None of the alerts causing physical touch, such as scanner alerts or ETD swabs are remotely close to constituting probable or reasonable cause because of their extremely high false positive rates.
I agree with you basically 100% but there may (MAY) be case law that says slightly otherwise. I'm not sure and, quite frankly not willing to research it. If I want to fly into/out of the US the goons are gonna grab my butt and my nuts as well as making my life uncomfortable in a variety of other ways. That's the way it is... And that's why I don't go "home" to the US much anymore. Sad, but true....
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