D.C. Circuit on the New “Advanced Imaging Technology” Airport Searches

Kaye Beach

July 16, 2011

Analysis by Orin Kerr from the Volokh Conspiracy

The new airport screening measures involving millimeter wave technology and backscatter technology — together with the opt-out of a pat-down — have received a great deal of public attention. Back when the new measures were first widely introduced, I blogged about why a Fourth Amendment challenge to the new practices was an uphill battle. Today, the DC Circuit handed down an opinion in EPIC v. Department of Homeland Security holding that the new practices comply with the Fourth Amendment. I believe this is the first clear court ruling on the question, and it’s certainly the first from a federal court of appeals.

Read More

Read EPIC’s review (it’s a bit more encouraging)

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