Pat Downs?

What do you think of the hullabaloo about airport pat-downs and full-body scans?

By Elizabeth Fuller, Correspondent
posted November 17, 2010 at 4:03 pm EST

As the debate about the Transportation Security Administration’s screening procedures pings across the Internet, a growing chorus of critics is asserting that electronic imaging scans and “enhanced pat-downs” both represent an unconstitutional violation of the Fourth Amendment, which protects against unreasonable searches.

“Enough is enough. I should not have to submit to a digital strip search or being groped by a glorified security guard,” writes commenter vrwc1 in a typical post on cnet.com. “This is the largest violation of personal privacy we’ve ever seen.”

The choice to get on an airplane, the argument goes, is not probable cause for such invasive searches, nor does buying a ticket constitute consent to be subjected to a “virtual strip search” and “groping,” as critics call the two searches.

For the courts, however, it is a matter of balancing personal privacy rights against public safety.

“Are the conditions that you’re consenting to so draconian and so unreasonable that there’s a Fourth Amendment problem?” asks William Schroeder, a professor of law at Southern Illinois University at Carbondale. “I don’t think that argument is going to carry the day, given that people have hidden bombs on their bodies in ways that cannot be found through less invasive searches.”

‘You don’t have to fly’

At the heart of the issue is consent, says Professor Schroeder. Have people consented to this search, simply by buying a ticket? “I certainly understand why people are not altogether pleased about it,” says Schroeder, but “you’ve consented. You don’t have to fly – that’s your choice.”

Others, however, suggest that the searches overreach. In order to pass the Supreme Court’s test for constitutionality, searches must balance a “reasonable” amount of privacy invasion against the likelihood of finding evidence of a crime.