Sunday, November 21, 2010

Give your ticket back -- so little probable cause it fails the rational test -- attack of the 300 pound woman

Give your ticket back -- get your rights back. :-)

There is so little probable cause to hold a person for questioning because they refused to be electronically ogled or personally pawed at the airport (the $11,000 thing) that it probably violates the rational test. If you could not hold them without the rule -- because the Fourth Amendment says you could not. For the same reason you cannot make the rule to hold everybody for questioning to catch the one in a million bomber (who will never decide to leave because of privacy concerns -- who is leaving in any case; no imminent danger -- ergo, not even a rational relationship to a valid state objective: Fourteenth Amendment violation).

Which brings us to the partially depersonalized strip search or too private groping (most in public view! -- I've been on 150 prison visits with no aversion whatsoever to the most serious but normal, private parts free, frisking). You could not make such an invasive rule under the same one-in-a-million type risk situation anywhere else in life.

Don't like it, don't fly? Too easy; this is not 1950. Flying is as much a part of everyday 2010 American life (3 million passengers a day -- a billion passengers a year) as anything else. And what does it take to outflank the TSA's Fourth Amendment free 3,000 mile wide Maginot Line: one 300 pound women with enough room between her cheeks to hide a Thanksgiving dinner. :-)

Case closed:
I think most people would take the risk level of driving (10X the danger of flying) if all other things could somehow be held equal (convenience, price) over living in the condition of perpetual prison convict humiliation.

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