The Transportation Security Administration (TSA) has agreed to withdraw a fine against a Texas man who, after successfully passing through an airport security metal detector and then being randomly selected to pass through a whole-body imaging scanner, chose not to board a flight rather than be subjected to a third search — an invasive pat-down — by TSA agents.
Jonathan Cobb was fined $2,660 by the TSA and charged with “interfering” with airport screening after he politely refused, based on past traumatic experiences with the TSA, to be subjected to a pat-down search at George W. Bush International Airport and opted instead not to board his ticketed flight. Attorneys for The Rutherford Institute came to Cobb’s defense, challenging the $2660 fine as excessive and arguing that Cobb had a Fourth Amendment right to opt out of the search and elect not to travel.
Affiliate attorney Jerri Lynn Ward of Garlo Ward, P.C., assisted The Rutherford Institute in defending Cobb.
“What we are witnessing is an unofficial rewriting of the Fourth Amendment by government agencies and the courts that essentially does away with any distinctions over what is ‘reasonable’ when it comes to searches and seizures by government agents,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “The rationale, of course, is that anything is ‘reasonable’ in the war on terrorism. By constantly pushing the envelope and testing the limits of what Americans will tolerate, the government is thus able to ratchet up the level of intrusiveness that Americans consider reasonable. As Justice Robert H. Jackson, the chief US prosecutor at the Nuremberg Trials, recognized, ‘Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart.’”
© 2019 The Rutherford Institute