Raise your hand if you’ve ever tucked something into the waist of your pants because you have too much to carry. Now raise your other hand. Stand with your feet shoulder-width apart. The Transportation Security Administration (TSA) wants to scan you for suspicious items.
of “a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion.”
The reflexive justification for warrantless searching is that it’s reasonable without suspicion or a warrant because threats to transportation are so great. In reality, they’re not, as dispassion will tell anyone doing transportation risk assessment. The argument also proves too much because transportation is not a uniquely vulnerable infrastructure. Anyone appearing where people congregate would be reasonably searched if open-ended location vulnerability were the rule.
Then there is the problem of whom to stop. You can go to extraordinary lengths to prevent it, but this type of searching is ripe for aiming at “the black guy.” If Grand Central indulged the idea of stopping people for these searches, it would have to delay and deeply offend hundreds of passengers per day to find a negligible quantity of dangerous or criminal items.
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