Originally Posted by
Always Flyin
Whole body scanners fall outside the court prescribed limits as well (they are not the minimum amount of a search necessary to find prohibited items--nevermind they have been shown to be ineffective anyway). Yet TSA has no problems using them.
That isn't fair. I agree with you that the Fourth Amendment requires TSA's administrative search to effect the least amount of intrusion necessary, and I also agree that the body scanners go beyond that, but the DC Circuit ruled that body scanners don't violate the 4th Amendment. The issue of "least intrusive means" was not properly argued to the Court in my opinion.
Originally Posted by
Always Flyin
You can complaint about it all you want, but no court in recent history has put the brakes on anything the TSA has done.
Fofana did. But that's about it. The DC Circuit said TSA skirted the rulemaking process violating the APA, but that the body scanners don't violate the 4th Amendment. Probably the same for the prohibited items list which means it could be litigated, but it would be difficult.