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Appeals Court: TSA Violated Federal Law, But Scanners Stay

July 15, 2011 by  

Appeals Court: TSA Violated Federal Law, But Scanners Stay

A Federal appeals court found today that, although the Transportation Security Administration (TSA) had clearly violated Federal law, the Court would not block them from using full-body scanners, called Advanced Imaging Technology (AIT), in airports.

According to an article for Wired.com, the “appellate court, which is one stop from the Supreme Court, said that the Transportation Security Administration breached federal law in 2009 when it formally adopted the airport scanners as the ‘primary’ method of screening. The judges said the TSA violated the Administrative Procedures Act for failing to have a 90-day public comment period, and ordered the agency to undertake one.”

The suit, filed by the Electronic Privacy Information Center (EPIC), alleged that airport body scanners were “invasive, unlawful, and ineffective,” and violated the Fourth Amendment.

“The petitioners argue that using AIT for primary screening violates the Fourth Amendment because it is more invasive than is necessary to detect weapons or explosives,” The Wired article quoted the Court as saying. “As other circuits have held, and as the Supreme Court has strongly suggested, screening passengers at an airport is an ‘administrative search’ because the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack.”

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  • Raggs

    Surprized?.. you shouldn’t be afterall this is a police state.

  • s c

    Welcome to the American version of Hitler’s paradise, kids. When SOME people can violate the law at will – and the rest of us are treated like common criminals (because we EXIST) – what happens next can get very interesting.
    At least we won’t be expected to learn German. Uncle Scam’s educational system took care of that. Most Americans can’t speak English. And the ones who come across the border(s) ILLEGALLY, aren’t expected to learn English.
    What a country. What leaders. What a crock of crap.
    It’s almost time for comeuppance, people. Whatever is making that noise on the train track will be quite an event. Our media whores won’t be able to keep it off the airwaves.

  • Cawmun Cents

    I DONT MIND IF THEY PAT ME DOWN,BUT THEY BETTER BUY ME SOMETHING AFTERWARDS.-CC.

    • http://Windows7 Ellen

      Great Post. I wonder how many people “got” it.

  • VdubTDI

    If all of us that object refuse to fly in this country things will change. On the other hand if we continue to allow the government to break the law and go along with it things will not change and will get worse.

    • Cawmun Cents

      Oh…we’re so sorry.You must submit answers in the form of questions in Final Jeopardy.I am afraid you have been disqualified.Thank you for playing….
      I have refused to fly for decades.Has it had any effect?Not to my knowledge.Will the government continue to invade every portion of my existence that time will allow them to?The short answer is,yes.Why?Because that is what they believe they are put here for.To make my decisions for me?Yes…at least thet is how they perceive things to be.Kind of Orwellian dont you think?Why yes…oddly it is.
      Oddly having this coversation with myself is coming to a point.Which is that when you talk to folks who dont see the forrest throught the trees,you are talking to yourself.Some folks dont see the danger.Change dosent come from government getting tired of the people,it comes when people grt tired of the government.Many folks havent been forced out of their comfort zones yet.So,they can afford to argue.I cant wait to knock one of them out when the it has hit the fan and they begin to complain then.God willing I am still here when it finaaly happens.-CC.

    • http://lives RAYMOND HARBIN

      V-dub–THIS IS A VERY GOOD IDEA– BUT WOULD NOT WORK FOR SOME–I AM ONE FOR WHICH IT **WOULD** WORK. I FLY OUT OF ATLANTA’S HARTSFIELD INTERNATIONAL, WHICH AVERAGES 2750 FLIGHT OPERATIONS PER 24 HOUR PERIOD–THE WORLD’S BUSIEST AIRPORT. IN SPITE OF THE HUGE, WELL DESIGNED TERMINALS–AND THE EXCELLENT IN AND OUT TRAFFIC CAPACITY, THE OCCASIONAL TO REGULAR LOST TIME INTERVALS AND HUGE DELAYS HAVE BEEN A PART THIS AIRPORT FOR MANY YEARS, BUT NOTHING SO BAD AS WHEN THE “FINGER MEN” WERE ADDED. MAYBE A GROUP LIKE THE TEA PARTY, WITH OTHERS LIKE THEM, COULD GET A “DON’T FLY– DRIVE OR RIDE THE TRAIN,” BALL ROLLING. A LARGE CONGESTED AIR FACILITY LIKE ATLANTA WOULD BE EASIER THAN SOME–BECAUSE OF THE LARGE NUMBERS OF ANGRY, HIGHLY INCONVENIENCED USERS.

      I HAVE NEVER IN MY 73 YEARS PARTICIPATED IN A BOYCOTT. IF WE, AS AMERICAN CITIZENS CONTINUE ACTING AS POWERLESS, FAWNING PEASANTS, THE DICTATORIAL ELEMENTS OF THE FEDS WILL CONTINUE TREATING US AS SUCH.

      I’M READY!!

  • http://lives RAYMOND HARBIN

    NO LONGER IS BIG BROTHER MERELY WATCHING US–He has earned a “loftier” state: He is now allowed to feel intimate areas of the anatomy of every enplaning man, woman, girl, boy or toddler — at HIS probing discretion ALONE. This is his RIGHT AND PRIVILEGE AS AN OFFICER OF OBAMA’S LEGION. OF DISHONOR.

    Has anyone noticed how Obama and his appointed bureaucrats are perpetually devising overreaching, anti-Judeo-Christian edicts that slap their GOD’S CIVIL AND MORAL CODES INTO THE DIRT?

    American Constitution a theocracy? OF COURSE NOT! BUT NEITHER IS IT A DOCUMENT ALLOWING AN ATHEISTIC MOB TO PLUNDER THE FAITH OF AMERICA’S FAITHFUL. THE AMERICAN DOCUMENT ESPOUSES FREEDOM OF RELIGION–BY NO MEANS AN EDICT CONDEMNING RELIGION.

    This is far from just a Judeo-Christian issue: IT IS A BATTLE BETWEEN THE ESSENTIAL DIGNITY OF THE HUMAN RACE VERSUS THOSE WHO FEEL EMPOWERED TO VIEW US AS CATTLE BEING LOADED INTO BOXCARS FOR THE STOCK YARDS!! AND MAKE NO MISTAKE ABOUT THIS: MANY WHO SIT IN POWER POSITIONS OF THIS NATION TODAY, VIEW HUMANITY, ESSENTIALLY AS STUPID, BARELY DOMESTICATED ANIMALS– A FAVORED IDEA OF KARL MARX.

    THIS OUTRAGE COULD *ONLY* TAKE PLACE IN A COURT WHERE JUDGES SELF-MORPH, DESPOTICALLY, TO THE PEOPLE’S CONGRESSMEN AND STOP DOING THE WORK OF JUDICIAL OFFICERS, TAKING ON THE JOB OF LEGISLATING. This required the boldness of action, reminiscent of the judiciary of HITLER AND MUSSOLINI, who were simply PUPPETS OF THEIR DICTATORS.

    And their new trick? CIRCUMSCRIBE EVERY MORAL AND CIVIL LAW PROTECTING CITIZENS FROM GOVERNMENTAL SEXUAL MOLESTATION.

    IT CANNOT BE SEEN AS ANYTHING ELSE. SEXUALLY MOLESTING A CITIZEN FOR A BUREAUCRATIC RATIONALE IS STILL SEXUAL MOLESTATION.

    THESE ARE THE SAME CRIMINAL VIOLATIONS THAT CAN GET A CIVILIAN FROM ONE TO FIFTEEN YEARS IN PRISON–THE LATTER PAIN JUSTIFIABLE FOR THOSE VICTIMIZING CHILDREN.

    THESE ACTIONS SCREAM OUT: “THE AMERICAN CONSTITUTION HAS NO AUTHORITY THAT IS NOT SUBJECT TO DEVASTATION BY JUDICIAL CORRUPTION, BACKED BY TOTALITARIAN LEADERS.”

    DURING THE FIRST SIX MONTHS OF THE SAVAGE OCCUPATION OF CUBA BY CASTRO, THE SUICIDE RATE OF CUBAN WOMEN INCREASED BY 400%. WHY? THE FILTHY, UNWASHED PIRATE-LIKE COMMIE TROOPS CEASELESSLY RAPED AND GANG-RAPED THE INNOCENT MOTHERS, WIVES –AND ALL LOWER TEENS, AND UP FEMALES– RUNNING, SCREAMING, BEGGING FOR HELP THROUGH HAVANA’S STREETS– WHOSE ONLY SAFE ALTERNATIVE WAS DEATH BY SUICIDE.

    THE REACTION BY COMMIE OFFICERS: “LET THEM HAVE THEIR FUN– DO NOT CAUSE DEPRESSION AMONG OUR GALLANT VICTORS!!”

    GODLESS DICTATORS HAVE A RATIONALE TO SUPPORT ANY EVIL.

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