Monday, November 29, 2010

Does this violate our 4th amendment right?


4th Amendment Right: <The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized>


Thanksgiving travelers learn to cope with 'scope and grope'

By Jonathan Mann, CNN
November 26, 2010 7:00 a.m. EST
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STORY HIGHLIGHTS
  • U.S. security authorities have begun the use of pat downs as well as body scanners
  • Some passengers liken the procedure to a sexual assault, others refuse to participate
  • Such searches are familiar to many international air travelers
  • Obama: Authorities have indicated such procedures are the only ones right now they consider to be effective."
"Our Mann in America" is a weekly column discussing the big talking points in the U.S. for an international audience. Jonathan Mann is an anchor for CNN International and the host of Political Mann.
(CNN) -- -- America is feeling invaded by a uniformed force moving into some very private places, with a mission that's being decried as "scope and grope."
"They want to take pictures of us and put their hands in our pants," said Republican Congressman Ron Paul. "If we tolerate this, there's something wrong with us.
"They" are the officials of the Transportation Security Administration, which tightened its airport screening procedures after a suspected terrorist tried to blow-up an airliner with a bomb in his underwear. So, in addition to the airport security routine that passengers are accustomed to, many now have to submit to revealing high-tech imaging that sees through their clothes. If they refuse, they're subjected to a fully-clothed but startlingly invasive physical search. (Hence the catchy rhyme about "scope and grope").
The TSA has withheld precise details of the hands-on search techniques but its screeners, deployed by gender to match the passengers they scrutinize, do pass their hands around or over the breasts, buttocks and genitals.
Cancer survivor accepts TSA apology
Avoiding the scanners
Do airport body scanners even work?
Pat downs: Security vs. privacy
Needless to say, it's the kind of interaction that gets your attention. Similar techniques may be familiar to experienced international travelers, but in the U.S. they were introduced to the flying public only a month ago without extensive explanation or publicity.
There may be some easy irony in the observation that a country which launched a global war on terror with countless casualties now objects to a few awkward moments at the airport.
But it's no laughing matter to travelers who complain that TSA employees have interpreted their new instructions in uneven and sometimes unfortunate ways.
Passenger Erin Chase likened her ordeal to sexual assault by a TSA screener who, "went all the way up my legs, up my inner thighs, all along my inner thighs until she reached my genital area, touched both sides."
Cancer survivor Tom Sawyer says that a TSA officer burst a special bag that captures his urine, with no time to change clothes before his flight.
"By the time he was done, I had a round spot of urine maybe the size of a small pancake, something like that and I had urine dribbling down into my underwear, down my leg on my shorts."
The horror stories are legion, leavened only by tales of defiance that are quickly spreading as well.
One passenger's warning to a screener -- "Don't touch my junk" -- has become a national protest slogan, immortalized in music, T-shirts and countless comedy routines.
Another passenger travelling through Los Angeles wore a coat with nothing but a bikini underneath, because she said she didn't want a hand-search and thought she could save time.
Even President Barack Obama was drawn into the drama, fittingly perhaps, while he was on a trip of his own, to Portugal.
"One of the most frustrating aspects of this fight against terrorism is that it has created a whole security apparatus around us that causes huge inconvenience for all of us," he said.
"But at this point, TSA, in consultation with our counter-terrorism experts, have indicated to me that the procedures that they've been putting in place are the only ones right now that they consider to be effective."
One passenger's warning to a screener -- "Don't touch my junk" -- has become a national protest slogan, immortalized in music, T-shirts and countless comedy routines
Twenty-four million passengers are expected to pass through American airports this week for the Thanksgiving holiday, one of the business travel seasons of the year.
Some had threatened a disruptive protest, but the threat never materialized.
In fact, a USA Today/Gallup poll found most travelers are prepared to give-up some of their personal privacy to prevent terrorism. The trouble hinges on the technique.
A clear 57 percent majority say they are not bothered by a full-body scan. But the same percentage say they are bothered or angry about the prospect of a hands-on search.
To quote that now timeless phrase: don't touch my junk.
Republican lawmakers are threatening legislation to outlaw the searches. The rights activists at the American Civil Liberties Union are collecting travelers complaints and funneling them to the government.
But airports across the country are still crowded. The travelers passing through them seem as eager as ever, and as annoyed as ever, for any one of a number of reasons related to the ordeals of air travel in the 21st century.
No one seems to enjoy the obligatory airport intimacy but mindful of the threat of terrorism, most people seem willing to endure it.

56 comments:

  1. Obviously the TSA have a job to do and that is to protect us civilians from possible terrorist attacks at the airport or even during the flight. In my opinion I believe its better to be stripped search then using the high teck imaging, because it may cause radiation. Plus I would feel safer to board a plane knowing that everyone on it has been searched. But on the other hand I wouldn't want people touching me in private 'no touch zones' because it would be embarrassing and t would just feel wrong.

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  2. It seems to me that this is a minor annoyance in the row of troubles that face Americans,and understandably has caught much attention. Maybe for stand up acts, and novelty songs this is good fodder o build upon, but as for news coverage, I fear more important issues should receive said coverage.

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  3. OMG! This is ridiculous. I think that the Airline "security" check is getting a little out of hand and even though I understand the need to protect from the terrorist of the world there is no need to "scope and grope" the flight Passengers!

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  4. A full body search and scanner that can see everything is not how most people expect to spend thanksgiving. I am aposed to the TSA's method of security, but if it keeps our country safe i guess i have to deal with it. It would be in the best intrest in all airline travellers to be aware that this is happening. I would not like to go through this Search and i urge the US government and Transportation Security Administration to find a less evasive way to ensure security

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  5. They are really taking this too far...some people got to be in planes to catch their flights to get to another place and the security decided to do this now this is just too far...we know there are terrorist trying to blow up planes but why do elderly people got to be involved in this...this is just nonsense!!

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  6. I agree with cap8u about urging the 'US government and TSA to find a less evasive way' to protect and ensure security

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  7. I wonder what Happened to this: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."

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  8. Honestly, this article made me not want to travel anymore.
    I believe that this security procedures are overexagerated. I mean, it is good that they're making sure everyone is safe but isn't the screen imaging that sees through your clothes more than enough? Why do they have to do the hand-on screening by people you don't even know?

    I think that this DOES violate the 4th ammendement for the reason that they are doing hand-on searching on people that don't really need to be searched.

    This seems very ridiculous and disturbing and i am completely opposed to it.

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  9. @ Dice_king... Elderly people can be terrorist too you know! Just becaus they are older does not mean that they are not EVIL!

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  10. I agree with Ruchamah about the fourth amendment right it seems like the TSA are not following that right of the people.

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  11. I agree with Jennifer about her views on the hand search and how over exaggerated the security procedure is.

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  12. i think that the security people are indeed doing their job but its just that people may feel uncomfortable with how they are keeping us safe. in my opinion i would prefer to be searched and not go through the imaging because i dont want any person seeing me without clothes and i feel this happens to every female that goes through this 'check up' by security officials. and i believe there are also cases in where some officials do take advantage of people and actually touch their 'junk' which is causing the drama because people dont w3ant to be touched intimately when they are just suppose to be searched.

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  13. I agree with what Cap8u said about 'US government and Transportation Security Administration to find a less evasive way to ensure security'.
    I believe there's many other ways and they juust need to find the right one because obviously this isn't the RIGHT one.

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  14. @Dice__king: Anybody can be a terrorist sweety.

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  15. I think considering the reason as to why the extensive search is done, i don't think the American people should complain much. Of course with a country this free and willing to express their emotions there will always be those who resist. Maybe it's because i am one of those people who wouldn't mind being searched if it's for maintaining security. I think i'd much rather be searched and know all other passengers were searched as well than to doubt and maybe even fear what the sitting next to me may have. And i think it's rather funny how people threatened to protest over this, but never did. I'm glad they didn't, because people are always quick to complain about the government violating their humanitarian space, their rights, but as soon as a bomb goes off in mid-flight and lives are lost, the blame goes to the government again. I say, let the TSA do it's job, the added security measure far outweighs the inconvenience.

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  16. While it is true that this new "scope and grope" method is a little intrusive, it unfortunately is the best method of insuring public saftey during airline travel. I myself am as againtst this imposing search as anyone, but in my opinion, the comfort of me and fellow passengers are a small sacrifice to insure that I reach my my destination safley.
    Many people ask "why is the TSA Doing this?" Well this is simple: Ever heard the phrase "one bad apple ruins the bunch" One attempt of someone trying to sneek a bomb onto an airline in their undergarments was all that was needed for TSA to decide that "people cannot be trust, we have to tighten our searchs."
    And to those with ideas of protest on their mind, while usually I support protest, I encourage you to instead of protesting something completely neccessary, why not suggest some other methods or inovations that may replace those currently carried out by TSA.

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  17. I understand that the Transportation Security Administration is just trying to keep civilians safe and trying to prevent any other terroist attack but in my opinion this has gone to far. In my opinion the scanner is enough, and a little more reasonable than the FULL body search. In my opinion this violates the fourth amendment, and something shiuld be done to stop these unreasonable security procedures.

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  18. this is one big step that our country has done towards our protection if we dont allow them to protect us against terrorism were just making it more complicated as it is if your traveling you a gree with all the terms and conditions that the airport has if you dont want to be search then DONT TRAVEL!!!!!!

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  19. I agree with nick. "one spoiled apple ruins the bunch" The airport secutiry measures had to be tightened because the old procedures apparently werent enough because terroist still managed to sneak bombs into the planes.

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  20. i a gree with crystal it has gone too far but if we just let machines doit when are we going to doit machines are not the solution many poeple has hidden things that machines cant detectand the TSA is doing the right thing and should not stop

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  21. This new full body search in airlines all around the US is outrages because it is stealing the passengers of these airlines their privacy in which their privacy is protected by the 4th amendment which is desecrated by the new search regiment that is implemented in all the airlines.

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  22. I agree with crystal this has gone to far because their are certain places that should be kept private and our founding fathers believed in it to so we should to.

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  23. i agree with josue if you dnt want to be searched then dont travel.

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  24. The public must understand, thusfar, there are no reasonable alternatives to these searches that are as affective. Any other methods would be either complicated, expensive, or not as affective.
    And yes the forth amendment does protect us from such thing, which is precisely why TSA gives you three choices: full-body scan, a hands-on search, or YOU DONT FLY. Also like said before, the 4th amendement does state that you can be search with permission or a permit, but it also states with probable cause. You can try to deny that them from searching you, but by doing that you raise suspicion in turn giving them that probable cause. Doing this could also make the experience a whole lot more uncomfotable. Usually im not so harsh about matters like this but my suggestion is: if you want to fly, just gain some maturaty of the matter and get it over with.

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  25. In response to Dice_king: I don't think this is nonsense, i think this is a necessity although (just like Cap8u said) there should be a more

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  26. Well i think searching people is wrong because they say they put their hands in heir bags and that's just wrong and it is violating our 4th amendment.

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  27. This issue is a very though issue. I believe in both sides. Everyone has the right to have their own privacy but also everyone wants to know that they are safe. I believe that they should go back to the old body scan that search your body but takes no pictures. After all i want to feal safe and at the same time have my own privacy. Thank you

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  28. Honestly i feel that people should stop being so pessimistic about this method. Clearly other methods in the past have failed and innocent lives have been critically damged both physically and mentally. The U.S is trying to do everything in its power to protect the lives of our people and if asks for us to be searched nude well then so be it id rather be searched than knowing that a cruel insane speciman could hurt me and the people i love for no vauluable reason. I dont think I can go a day without seeing my friends and my loving family I know that its bound to happend someday but knowing that there is a way to prevent that is a generous feeling so i am thank full to the new method

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  29. In response to Karina i agree because that's another thing if u don't travel nothing happens to you

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  30. Well in my opinion i think that the TSA is doing a good job by searching the people. The reason the TSA has gone to this measures is because of the suspected terrorist who tried to bomb a airplane by putting a bomb on his underwear. Theres always negative people in the world so theres no point in protesting what the TSA is doing, there actually saving lives. It does goes against the 4th amendment but they have to sacrifice this right to protect peoples life.

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  31. In reply to Mande
    I agree with what you are saying but at the smae time i am sure you want your privacy too i mean who doen't mant their privacy. Just think about it.

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  32. In Response to Sam

    The old method hasnt been proven to be suffcient and effective, this new method is a clear side to the undertaking of terrorism. The terorist in the above article had a bomb hidden withing is underware, just imagine the horrible actions he would have done and the lives that America would have lost if The Airline Security hadnt searched him. So therefore i belive you should re consider your statement

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  33. i think that all the people be searched because you do not know if a terrorist is getting on the plane. i think it is good to search pepole every time pepople are being search they are helping stop terrorist from attacking.

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  34. to mande

    dude.. i totally agree. you do not want to see ur love ones hurt that why what TSA is doing is good.

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  35. this seems resonable to search people but not to this extent in wich it is almost or is considered harrasment by some people. even though this is for protection there has to be onother way rather than going and seying things that is personal to people. when you are scaned they can see all and i dont think many people like this they should just go back to the old method just with two or more searches.

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  36. i think that what is happening with the airport security is just too much it is right for to put more security in airports for the safety of the people but for the hand-on search and the screening of the body is just an invasion of privacy and is just not right. if they want to have more seciruty in airports then why dont they just do their jobs right so that terrorist wont be able to bomb a airplane because if they do their jobs better then probably that wouldnt happen.

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  37. i also think that it would be safer and would protect pepole from harm.

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  38. Second response to Sam I understand that privacy is a wonderful thing that we should trasure and I respect that, but yet at the sametime if u end up departed where will your privacy be at? think about that would you rather worry about your privacy? or would u rather have the great comfort of knowing that your society is safe or in other words safer

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  39. this searches are unjust and wrong. the searches being done on the people are violating our rights. such searches are not necessary to provide safety to the airport by just scanning them they can find out if anyone has a bomb. making the people pass through a scanner that shows all of your private areas is just wrong and cruel because no one wants strangers looking at them. they should take down all of these machines because they are wrong and they should just keep scanning people like they did before to stop alll of this madness.

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  40. I think it is okay if the security is trying to protect the passengers from undercover terrorist attacks by searching through them. This somewhat violates the fourth amendment because the TSA is performing FULL body searches and leads to problems and grievances. I think that these full body searches are a bit unnecessary because of the violation of the fourth amendment and the full body scans are enough.

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  42. to aaron i see what your thinking but they should give maybe a bit more privacy for those with issues. some peoples lives can be at "steak" if the searches arnt done correctly.

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  43. in reply to joshua i agree with u but it is for safety.

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  44. In responds to Mande
    I understand but as i said before i would like my privacy. If the TSA wants to safe lives which i agree with they should come up with some other higer tech device that detects bomb and dosn't have to see through you clothing. Just hink this way if they take a picture of you and then it is not properly disposed of then it might leak out to other people and who know in which way it might be used.

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  45. The security in airports is necessary to be sure that we are all safe. It is very disturbing and it really sucks but you just have to be mature about it. the TSA is doing their job,they are looking for a way to protect us all. hopefully they find a better system but for now they must keep this security system in order to protect us.

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  46. in response to marcelino the searches they are doing is invading our right to privacy and no one will let that happen. i dont think that all people should be searched only the ones that the police think have anything on them.

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  47. yes aaron that is it io reply i 100% agree with you man i also think that is true

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  48. In response to Mande:

    For once i agree with you, they're doing this for the security of the people they should be thankful that they are giving a chance to be safe. Except i disagree in the nude part.

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  49. Well what I think is that the TSA is just doing their job. They are just protecting people from having another attack. Which is good. People should really stop complaining about being full body scan. I prefer to pass that instead of knowing you might die if a bomb passes. Because with the full body scan is safer to travel now.

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  50. to Mande
    I would like to know when i die that my privacy was kept only to me and no one else.

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  51. i believe it is violating the 4th amendment..i dont think its the right for them to be doing that its an assault to alot of people..i wouldnt want to travel at all if thats gonna happen to me then no..because its disrespecting everyone. i believe that the screen is enough than putting hands on peoples junk. the screen shows whats under the clothes so i believe they should leave it with that only and that it if they didnt saw the bomb on the guy well that was their fault for not workin or paying attention to what was going on ....i believe they just want the security of the civilian and the safety to them but putting hands on them will not help them to think they save if just going to bring nightmares and not want to travel nomore..

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  52. I think the searching they're doing is perhaps right because they're doing this for the security of the passengers. Maybe they did go to far with the hands-on search, i think that it shouldn't be necessary, with the high-tech images it's enough, but if people don't want to then yes they should've the hands-on. People are getting mad at the government because of this, but they shouldn't they should be thanking them for trying to make everything secure.

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  53. In response to Ruth: yesh it does suck but its safer for now. Hopefully everyone is mature enough to understand is just for someones safety

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  54. i agree to chavez....
    they should just stop with all this it just not fair to the people that love to travel all the time

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  55. in response to mande
    i agree, i wouldn't want any of my loved ones to be in danger. that's why we just have to suck it up. millions of ppl get searched and its to protect us

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  56. @pam_pam i agree with you this is not right and if they want to do the screening then just do that because is enough unlike the hands on people security checking.

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