The following is a brief outline of the new scan and Transportation Security Administration (TSA) pat-down procedures:
- Advanced Imaging Technology (AIT): AIT machines use millimeter wave or backscatter X-ray technology to screen passengers. These machines create a generic outline of a passenger’s body, highlighting any anomalies that could be potential threats. If the TSA officer detects an anomaly, the passenger may be subject to additional screening, including a pat-down.
- Pat-downs: If passengers cannot or choose not to undergo AIT screening, they may be subjected to a pat-down. Pat-downs are performed by TSA officers of the same gender as the passenger and can be conducted in a private screening area if requested. Pat-downs are also conducted when anomalies are detected during AIT screening or when a passenger triggers an alarm at the metal detector.
Will Every Airline Passenger Be Subjected to the New Procedures?
Not every airline passenger will necessarily be subjected to these specific procedures. Some passengers might be randomly selected for additional screening or could be subjected to it based on other factors. However, in general, passengers will go through a standard screening process that includes walking through a metal detector and having their carry-on luggage scanned.
The TSA uses a combination of risk-based, intelligence-driven strategies and random selection to determine which passengers undergo additional screening. The exact algorithms or criteria for random selection are not disclosed, as doing so could compromise security protocols. However, some factors that may trigger additional screening include the following:
- Travel patterns: Passengers with unusual or suspicious travel patterns, such as purchasing a one-way ticket, last-minute travel, or frequent international travel to high-risk destinations, may be subjected to additional screening.
- Behavior: Avoiding eye contact with security personnel, acting nervous, and suspicious behavior can lead to additional screening.
- Incomplete or inaccurate passenger information: If a passenger’s information is incomplete or inconsistent with what is on their government-issued ID, they may be selected for additional screening.
- Watchlists: If a passenger’s name appears on a government watchlist, they may be subjected to additional screening.
- Random selection: As part of their security protocols, the TSA randomly selects passengers for additional screening to maintain unpredictability and deter potential threats.
While these factors help the TSA maintain the security of air travel, there may be instances when passengers feel they have been unfairly targeted or discriminated against. Discriminatory practices could involve targeting passengers based on their race, ethnicity, national origin, religion, or other protected characteristics.
What Do the Scanning Procedures Involve?
The scanning procedures at airport checkpoints typically involve the following two main processes:
- Metal detector: Passengers walk through metal detector archways that detect metallic objects. If the detector is triggered, the passenger might be asked to remove any metallic objects and walk through again or be subjected to a pat-down.
- Advanced Imaging Technology (AIT): This technology creates a generic outline of a passenger’s body to identify any concealed items. AIT machines use millimeter wave or backscatter X-ray technology. If an anomaly is detected, the passenger may be subject to further screening, including a pat-down.
What Does the Pat Down Security Search Involve?
A pat-down is a manual physical inspection conducted by a TSA officer to resolve any anomalies detected during AIT screening or when a passenger triggers an alarm at the metal detector.
Pat-downs are performed by TSA officers of the same gender as the passenger. The pat-down covers the entire body, including the head, neck, arms, torso, legs, and feet. Officers use the back of their hands to examine sensitive areas like the groin and chest. Passengers can request a private screening area and have a witness present during the pat-down.
TSA officers do not conduct body cavity searches. Pat-downs are limited to the external surface of a passenger’s clothing and body.
Body cavity searches are highly invasive procedures that involve the internal examination of a person’s body orifices, such as the mouth, nose, ears, anus, or vagina, to search for concealed items. Due to their highly intrusive nature, body cavity searches are generally not performed by TSA officers as part of airport security screenings.
Body cavity searches are typically conducted by law enforcement agencies or customs officials under specific circumstances when there is reasonable suspicion or probable cause to believe that an individual is concealing contraband or other illegal items within their body cavities. These searches are subject to strict legal standards and must comply with the Fourth Amendment of the U.S. Constitution, which protects individuals against unreasonable searches and seizures.
Some situations in which body cavity searches might be performed include the following:
- Criminal investigations: During an arrest or detention, if law enforcement officers have reasonable suspicion or probable cause to believe that an individual is hiding contraband or evidence of a crime within their body cavities, a body cavity search may be performed. A body cavity search often requires a warrant and should be conducted under the supervision of a qualified medical professional.
- Customs and border protection: Body cavity searches may be conducted by customs officials at international borders or ports of entry if there is a reasonable suspicion that a person is smuggling drugs or other illegal items. In these cases, customs officials must follow specific procedures, and the searches should be performed by or under the supervision of a qualified medical professional.
If you believe you have been subjected to an unlawful body cavity search or feel your rights have been violated, you may want to consult with an attorney who practices civil rights law. Additionally, you can file a complaint with the relevant law enforcement agency or customs authority.
Can I Refuse a Pat Down Search?
Passengers have the right to refuse a pat-down or AIT screening, but you should be aware that doing so might prevent you from boarding your flight. If a passenger refuses a pat-down after triggering an alarm or AIT anomaly, TSA officers may deny access to the secured area of the airport.
If you believe you have been the victim of an inappropriate pat down search or airport strip search, you may raise your concerns to a TSA supervisor on site. Additionally, you can file a complaint with the TSA or the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP).
Do I Need a Lawyer?
If you believe your rights have been violated during a TSA screening, consult with a government lawyer who handles civil rights or aviation law cases.
LegalMatch is an online platform that can connect you with experienced and qualified attorneys who practice in civil rights or aviation law. By providing information about your situation and legal needs, LegalMatch’s system can match you with lawyers who have experience handling cases similar to yours.
Once you have been matched with potential attorneys, you can review their profiles, experience, and ratings from previous clients. You can then schedule a consultation with one or more attorneys to discuss your case and determine if they fit your needs well.
Working with a lawyer can help you navigate the legal system and ensure that your rights are protected. A lawyer can also advise you on the strength of your case and the potential outcomes, as well as represent you in court if necessary.
