http://www2.dailyprogress.com/news/2010/nov/16/rutherford-institute-sues-over-airport-screenings-ar-657490/The Rutherford Institute has filed a lawsuit against the U.S. Department of Homeland Security and the Transportation Security Agency, claiming enhanced body search techniques at airports violate the Constitution’s Fourth Amendment.
The Fourth Amendment protects citizens from against unreasonable searches and seizures of “their persons, houses, papers, and effects.”
The lawsuit was filed after two pilots refused screening at a security gate by devices using radiation to “see through clothing” and create a nude image. Passengers who refuse the screenings are subjected to an “enhanced” physical search in which security personnel run hands and fingers over most parts of an individual’s body including breasts, buttocks, the inner thigh up to, and including, the groin.
“Forcing Americans to undergo a virtual strip search as a matter of course in reporting to work or boarding an airplane when there is no suspicion of wrongdoing is a grotesque violation of our civil liberties, undermining our right to privacy and to be free from unreasonable searches and seizures by government agents,” said John W. Whitehead, president of The Rutherford Institute, based in Albemarle County. “Indeed, TSA is forcing travelers to consent to a virtual strip search or allow an unknown officer to literally place his or her hands in your pants.”