Pat-down searches are extra types of passenger screenings that are undertaken as part of airport security screening routines. If a passenger walks into an airport terminal and sets off a metal detector or if they are chosen for extra screening, they may be subjected to a pat-down search.
It is important to note that the Federal Aviation Administration (FAA) does not allow race or national origin to be used when selecting who is chosen to undergo further screening. Please see Airport Security Measures: Privacy and Profiling for further information on this issue.
During a TSA pat down search procedure, a transportation security officer (TSO) will use their hands to feel for items that may be hidden on an individual’s body or underneath their clothes. An officer who is of the same gender as the passenger should handle the pat-down.
If this is not practical, there may be additional steps implemented in order to guarantee that the screening is properly performed. Before any type of search is done, the officer must justify their activities.
Travelers may request that a pat-down be performed privately. Because of this, there are new rules that have extended the scope of what officers may do during pat-down searches.
TSOs may use the front of their hands to feel an individual’s non-sensitive. Examples of non-sensitive regions include the arm from the shoulder to the wrist, the back, the abdomen, and the legs from mid-thigh to the ankle.
The TSO is required to use the back of their hand to search or perform airport sexual body checks or to check sensitive places, for example, the crotch or upper chest. A TSO may check the outside perimeter of a female passenger’s chest, including above and under their breasts while conducting a search.
Because of the concerns of female passengers, the TSA now teaches TSOs to only feel between a female passenger’s breasts if they have set off a hand-held metal detector in that area. Although a pat-down search enables a TSO to touch an individual’s body physically, they are required to obey strict limitations and criteria.
TSOs are educated to maintain the highest levels of professionalism according to the Transportation Security Administration (TSA).
What Is the TSA?
The Transportation Security Administration (TSA) is a federal organization that was formed by the United States Department of Homeland Security (DHS). One of the major duties of the TSA is to administer and enforce security measures for individuals who are traveling in the United States by means of air transport, for example, airline terminals, commercial flights, etc.
Following the attacks on September 11, 2001, the TSA was founded to detect future terrorists. The jobs of the TSA include:
- Security inspections of baggage;
- Screening individuals prior to entering the area for their allocated gate;
- Discarding harmful chemicals, products, or objects on an individual or inside their luggage.
Prior to the September 11 attacks, for example, families could see their loved ones off at an airport. After these attacks, however, no passengers but those who have legitimate airline tickets are permitted to pass through security.
If an individual has any questions regarding TSA processes or if they want to know how to file a lawsuit against the TSA for damages, they should seek legal advice from a local government lawyer.
What Are the New TSA Scans and Pat Down Procedures?
In the fall of 2010, the TSA implemented a heightened airport screening security procedures program. Before this, the TSA only required travelers to go through metal detector testing and then perhaps a quick pat down.
As security worries increased, the TSA began to use new full-body scanning equipment to detect explosives as well as other security risks. These heightened security procedures have been adopted at almost every major American airport.
What About Airport Security Measures Such as Profiling and Privacy?
Airport security has recently become a topic of discussion among the general public and the government, involving worries about unwarranted government interference and concerns about racial profiling. The establishment of the TSA has increased these issues.
Airports have also recently begun to deploy millimeter wave scanners or body scanners. The public has also expressed concerns regarding the Fourth Amendment and privacy.
When Does a Pat-Down Become Inappropriate?
When the requirements of the TSA are not followed, the pay-down becomes improper. These types of actions may be considered sexual assault.
An example of an inappropriate search may include:
- A search that is conducted by an officer of the opposite gender;
- Not wearing gloves;
- Feeling between a woman’s breasts without her setting off a hand-held metal detector in that area;
- TSA touching sensitive areas with anything except the back of the hand;
- Any excessive squeezing or touching of sensitive regions;
- Requiring a passenger to display intimate or sensitive portions of their body;
- Making remarks intended to humiliate or denigrate the passenger; or
- Any other improper or sexually charged practice, contact, or speech.
Can I Opt Out of a Pat Down Search?
Generally, a passenger cannot opt out of a pat-down search. The scanning process is the only part of the airport screening process that may be denied.
If a passenger declines the scanning procedure, they may be subject to a pat-down. A refusal to undergo the pat-down will be handled with caution because airline officials are particularly stringent regarding the new procedures.
If a passenger resists both the scan and the pat-down, they may be thrown out of the airport.
Do I Need State Action to File a Lawsuit?
In general, in order for an individual’s rights to have been infringed, they have to establish that there was governmental activity. Courts have held that private airline employees are no different from governmental officers while performing searches.
What Are the Issues in Making a Profiling Case?
It is nearly impossible to monitor profiling. Access to monitoring information that Congress or the public would have to study in order to participate in an educated discussion regarding profiling has been denied because terrorists may use the information to avoid being profiled.
What Should You Do if You Are Inappropriately Searched?
Any TSA pat-down complaint or allegation of improper behavior will be investigated. If an individual believes they have been subject to an improper pat-down search, the TSA advises an individual to alter a screening supervisor immediately.
An individual may also obtain a feedback form at any checkpoint. An individual’s complaint will be noted if they follow these steps.
Evidence of an occurrence can be beneficial at a later time if the passenger decides to pursue legal action against the TSA, the airport, or an individual officer. An individual’s next step should be to contact an attorney.
Can You Sue the TSA?
Depending on the specific details of a case, an individual may be able to sue the TSA or an employee of the TSA for damages. It is important to note, however, to sue a TSA officer or the TSA, the individual must establish that they suffered physical damage or economic loss.
A passenger can do this by submitting a claim for personal bodily harm that was inflicted upon them during the TSA screening process. It is important to note that passengers are required to complete the claims procedure before filing a private case against the TSA in a United States District Court.
How Can an Attorney Help Me if I Have Been Inappropriately Searched?
If you were improperly searched or touched by a TSA employee, it is important to consult with a liability lawyer. Your lawyer can advise you of your rights and the available courses of action if you decide to file a lawsuit or pursue charges.
