[cashflyer]

Many people, myself included, have argued that the porno scanners and the grope-downs currently being implemented by the TSA are violations of the 4th amendment.

The TSA is a government agency, acting under the color of law.
They make these searches with no reasonable cause and with no warrant.


However I am wondering now, since some airports are going to use private contractors in place of TSA, if that argument will be negated.

If an airline, or airport, (private entities) decided that they require a security scan and pat-down as a condition of using their service or facility, would that be a violation of the 4th?

The private contractors are security guards, not government goons or cops. I know in some states, security guards have the power to detain - however not the authority to arrest, fine, etc.




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"Where rights secured by the Federal Constitution are involved, there can be no rule-making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436 (1966)

"Many citizens because of their respect for what only appears to be a law are cunningly coerced into waiving their rights due to ignorance." - U.S. v. Minker

"The makers of our Constitution undertook....to protect Americans in their beliefs, their thoughts, their emotions, and their sensations. They conferred, as against the Government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment." Olmstead v. U.S., 277 US 438 (1928)

"In enforcing the Fourth Amendment's prohibition against unreasonable searches and seizures, the Court has insisted upon probable cause as a minimum requirement for a resonable search permitted by the Constitution." Chambers v. Maroney 399 US 42, 51