November 14, 2010

TSA Rules in Review?

I'm very interested in following the situation that seems to be unfolding regarding one traveler's incident with the TSA at SAN, where he is potentially facing a civil suit and/or $10,000 fine. Apparently, the current rules regarding flying in the United States allows for legal punishment against any travelers who do not abide with the security regulations once entering the screening line. This makes sense on the surface of things, but it also means deciding to forfeit your flight does not allow you to escape penalty. It also means civil disobedience in protest over the latest security measures carries a stiff penalty.

At the crux of things is a question of whether or not the new backscatter and "enhanced pat-down" procedures are a violation of civil rights. One side argues that these measures are necessary for safety purposes. The other side argues they are a violation of civil rights and the fourth amendment which protects against unreasonable search and seizure. This is the same reason law enforcement officers need to establish reasonable suspicion (which can be used to obtain a warrant) before engaging in searches. Failure to do so allows any evidence obtained through an illegal search to be thrown out of court.

Anyway, apparently local news has picked up this person's story. I am looking forward to how this plays out.

Posted by josuah at November 14, 2010 8:00 AM UTC+00:00