Two Harvard Law students have filed a federal lawsuit against the Transportation Security Administration that claims the use of "nude body scanners" and new enhanced pat-down techniques at airport security checkpoints are unconstitutional.
Jeffrey Redfern '12 and Anant Pradhan '12 filed the lawsuit Monday in the District Court of Massachusetts. The complaint names Secretary of Homeland Security Janet Napolitano and TSA Administrator John Pistole as defendants. Beginning in March 2010, the TSA deployed 450 full-body scanners in airports throughout the country. Boston's Logan International Airport has 17 of the full-body scanners at issue in the lawsuit, according to the TSA's website.
The lawsuit claims the mandatory screening techniques violate the students' Fourth Amendment right against unreasonable search and seizure. The suit seeks a permanent injunction against the use of either screening method without reasonable suspicion or probable cause and a declaratory judgment stating that mandatory screening using these techniques is unconstitutional where probable cause or reasonable suspicion do not exist.
Redfern and Pradhan have also asked for an injunction that would prevent the TSA from storing any images taken using the full-body scanners except as needed to prosecute suspected terrorists...