First, I think it’s important to say that we need airport security. We are facing an undeniable threat from people who truly want to kill us. But in fighting that threat, I want to make sure that we are not killing our liberty, which is the very thing we as a nation are attempting to protect. Our Constitution sets up some basic principles in the Fourth Amendment on how we can be searched. The Supreme Court has held that administrative searches without warrants may be conducted in very limited circumstances. Most searches require warrants and probable cause. But, it is clear from the Fourth Amendment that all searches must be “reasonable.” To be reasonable, our laws and practices have long held that there must be some articulable suspicion before law enforcement can take their investigation to the next step. If you think about it, I think you would agree that the TSA searches that are being conducted are not reasonable.
Rep. George Lambert, R-Litchfield, and I decided to sponsor this bill (HB 628) because we have been watching (and experiencing) the post-911 anti-terrorism apparatus get out of hand. We have seen horror stories and personally listened to stories from people we know that tell of TSA agents putting their hands underneath people’s underwear–or worse; we have heard about body cavity searches conducted without any cause. We have heard about the potential risks of cancer from the backscatter technology and also how some agents have used the backscatter images as pornography. We have read about how the TSA is expanding its airport security into our train stations, bus stations and onto our highways. In the name of fighting terrorism, we have forgotten about our liberties and basic human decency.