WHY THE STANDARD FOR TSA SCREENERS TO TOUCH YOUR BODY SHOULD BE “PROBABLE CAUSE” AND NOT “REASONABLE SUSPICION”
A Brief Overview
By Bradley W. Pierce, Esq.
Texas and many other states are considering legislation to outlaw gropings by the TSA without probable cause.
Some critics of the legislation (and even some supporters) have suggested that the standard required to perform those
invasive searches should be “reasonable suspicion” and not “probable cause.” “After all,” they argue, “law enforcement officers are permitted to frisk people on the basis of reasonable suspicion, why can’t TSA screeners?” This paper briefly answers that question.