An examination of the issue of increasing the level of security in airports as a violation of person

Page 43 Share Cite Suggested Citation: However, if the air carrier operated the equipment in a manner that allowed the passage of a person carrying a threat object that the metal detector was designed to detect, then the air carrier could be held liable for damages resulting from its failure to prevent that person from entering the sterile or safe area of the airport.

Integration with sensors and analysers also allows surveillance systems to recognise the kinds of vibration caused by intruders at the perimeter itself. With current passenger screening techniques, individuals receive little attention until they set off the metal-detection portal alarm.

If air carriers were able to identify potential hijackers or terrorists with some degree of accuracy, then the administrative search justification for universal screening would come into question, and airport security-screening procedures could be altered substantially.

No preference will be conferred on Applications received during the Exposure Period. Yet, questions may arise about whether a particular search was appropriately conducted toward this objective.

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Page 34 Share Cite Suggested Citation: Nevertheless, "even in a public place The system is being used at Schiphol airport in Amsterdam to prevent accidental or malicious intrusion onto runway and hangar areas. Anyone facing a specific claim, of course, must get professional legal help addressed specifically to the particular facts, which may make an enormous difference.

New airport technology and security

The British Airports Authority BAAfor example, has introduced an IP-based video platform that will support thousands of video device inputs, managed by users across several airports and link with existing subsystems such as baggage handling. Both are based on the Terry case, discussed below.

One issue that anyone suing the manufacturer or operator of security-screening equipment will have to prove is that the injury resulted from the use of the equipment.

Concerns over invasion of privacy are substantially stronger when personal medical conditions are involved. The FAA also tests metal-detector portals to assure their proper operation after they have been moved to a new location in the airport. In the case of current screening technologies, the legality of 5 Although not discussed, in the latter category there may also be tort claims for assault and battery, false imprisonment, trespass to chattel, negligence, fear of injury as opposed to actual injuryetc.

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Technologies that permit the identification only of items that are a threat to the safety of the airport and the aircraft would remove this subtle element of doubt in the airport screening process. For example, security screeners may ask passengers to open carry-on bags, if the x-ray image shows a suspicious shape that may be an item dangerous to the airplane.

Thus, Eastern could perform a search of a limited scope and duration for safety reasons. In addition, it would seem that the law would allow a stop-and-frisk search if an individual fits a narrow class of suspicious persons.

For both legal and practical reasons, under the stop-and frisk justification the selection criteria used to identify those who could be subjected to additional screening must be such that very large percentages of the population are not identified for further investigation.

In Terry the Supreme Court ruled that a policeman, based on his own instincts and suspicions and on the need to protect himself and others, may conduct a limited search for weapons without a warrant or probable cause to believe there was a crime Terry, at 6.

Airport security – CCTV takes off

The use of this capability in the airport would constitute an illegal search because airport searches are authorized only to identify objects or materials that are a threat to the safety of the airplane. The scope of consent is only what the reasonable person would expect Florida v.

These numbers are equivalent to stopping approximately people at the Dallas-Fort Worth International Airport each year to identify 40 to 50 people carrying weapons. The FAA does not mandate the use of a particular equipment for performing that function.

New performance criteria, which require the use of new technologies, may be of concern to the FAA if the only way air carriers can satisfy the new criteria would be to violate an individual's rights under the Fourth Amendment.

The unauthorized possession of weapons in a correctional facility is a federal offense, and the image data may be used as evidence in the prosecution of this crime.

The completed system comprised digital cameras, providing real-time monitoring and full motion recording across the entire 3, acre airport site, utilising much of the existing cabling infrastructure to keep installation costs down.

This radiation dose is times less than the amount of radiation absorbed from being in Miami for one day or from watching television for one hour; it is over times less than the amount absorbed during a two-hour flight IRT Corp. Consent Exception The Fourth Amendment protects the privacy interests of people.

The suspicion only needs to establish probability, not certainty, and it can be established from the totality of circumstances United States v. When passengers proceed to the gate, have they implicitly consented to a search?

Technologies that specifically identify only threat objects are likely to face the fewest legal obstacles. If passengers were allowed to withdraw after setting off the security system, then the deterrent effect of the security system would be undermined.Although tighter security measures provide comfort in a time of ever-increasing global security threats, out-dated systems and time-consuming processes are the bane of every business traveller’s journey.

[divider] Following 9/11, security measures have increased at all US ports of entry, especially airports.

New airport technology and security

The Homeland Security Act of has given birth to new agencies such as the Transportation Security Administration (TSA), created to strengthen security, standardize procedures and facilitate air travel. Airports established a security consisting of airport security and law enforcement personnel as well as representatives from the FAA, FBI, and other airport stakeholders.

committee legislation also brought about aggressive tests of existing security systems by more than FAA security agents acting as teams.

Advances in technology and increasing risks are driving an unprecedented level of change in security and nowhere more so than in the application of closed-circuit television surveillance systems in the airport environment.

John Bates, Chief Executive of the British Security Industry Association. Two senior TSA officials disputed Bilello’s characterization, telling CNN that the creation of the person working group is indicative of serious consideration on the part of TSA.

there sound definatly be airport security but it shouldnt violate pornography laws and it does at some airports and thats not right the security agents should focus more on the dangerous passengers rather than the innocent ones that have places to go, people to see, and things to do and get done.

An examination of the issue of increasing the level of security in airports as a violation of person
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