TSA Seeks to Expand the Airport Experience Into Everyday Life

http://www.aclu.org/blog/technology-and-liberty/tsa-seeks-expand-airport-experience-everyday-life

The Los Angeles Times today reports on the TSA’s VIPR program at: http://www.latimes.com/news/nationworld/nation/la-na-terror-checkpoints-20111220,0,3213641.story, in which roving teams of security agents bring the joys of the airport security experience into bus and train stations, highways, the subway, and other transportation facilities around the country (a Daily Caller story on the program from earlier this year is here).

This program represents nothing less than a direct assault on the Fourth Amendment of the Constitution. It’s also an exceedingly dumb security measure. But never underestimate the mindless force of a government bureaucracy seeking to expand its power, domain, and budget.

The TSA describes VIPR (which stands for Visible Intermodal Prevention and Response) as “a team that's made up of Federal Air Marshals, Surface Transportation Security Inspectors, Transportation Security Officers, Behavior Detection Officers and Explosive Detection Canine teams.”

This is a classic case of the slippery slope. The Fourth Amendment says that the government cannot carry out a search without probable cause. Over the years, the courts have carved an exception to that plain language for airports, where the government can carry out a limited “administrative” search solely for the purpose of protecting the safety of air travel (it cannot be a general law enforcement stop).

But the TSA’s power to conduct administrative searches at the airport does not mean the Fourth Amendment does not apply (click here for the ACLU’s Know Your Rights When Traveling guide). It means that the government has a very strong public interest that makes suspicionless searches reasonable in this context. But the TSA is trying to expand and manipulate that exception for law enforcement purposes – and drive a permanent hole in the Fourth Amendment.