Citation

Welch A. Transp. Law J. 2010; 37(3): 167-198.

Copyright

(Copyright © 2010, University of Denver College of Law)

DOI

unavailable

PMID

unavailable

Abstract

In a post 9/11 world, it is hardly debatable that there must be some sort of security measures to "welcome" air travlers as they prepare to board commercial airplanes. After the 2009 Christmas Day bombing attempt aboard U.S-bound Northwest flight 253, the Transportation Security Administration (TSA) ammounced plans to step up its use of state-of-the-art "advances imaging technologies" or full body scanners. TSA plans to make the advanced imaging technologies a primary rather secondary screening measure.

This paper first discusses the historical context in which security screening became a necessity, including the birth of the TSA. The paper then moves into its major focus, an examination of whether constitutional prohibitions on unreasonable searches and seizures or the right to privacy protect air travelers from TSA's use of full-body scanners. The paper ends with a brief discussion of whether full-body scanners will deter terrorists and finally concludes that TSA's plan to make full-body scanners a primary screening measure is unconstitutional.

Language: en