Originally Posted by eyecue
You have a good reference. However there is no injury attempted or otherwise in order to support a tort. If you suffer from embarrassment then you may request a private screening to avoid that tort. The consent is posted at all out checkpoints. It is implied that when you enter the metal detector that you are allowing your person and property to be searched.
Not quite. And, we're getting a bit confused in some of the common law definitions. "Assault" is the THREAT of an unwanted touching. "Battery" is the unwanted touching itself.
To review:
ASSAULT "I'm gonna poke you with my HHMD wand."
BATTERY TSA pokes you with the HHMD wand.
The legal question then becomes whether the person has evinced consent, or whether TSA has privilege. Shopkeepers have privilege to tackle or otherwise restrain shoplifters, for instance. LEOs, of course, are able to physically handle persons. So, we're back to square one with the questions of how far consent goes, and how far TSA may go in its screening procedures.