Neither of these people is a credible risk to the security of flights. They are not being flagged for that reason. However, the right that the TSA has to search people at the airport is limited specifically to protecting the security of flights. It is unconstitutional for the TSA to search people without a warrant for reasons that are unrelated to the security of flights. And yet, these two individuals have been regularly and publicly subjected to this additional screening when there is clearly no relationship between them and risks to flight security. In other words, the TSA has performed repeated unconstitutional searches of these two individuals and this has been widely reported in the press.
Some of your premises may be incorrect. What legal authority does TSA/US-Customs have to prevent the smuggling of narcotics? Some mule with a stomach full of heroin stuffed condoms doesn't impact the security of flights, but it's well within the authority of TSA and US-Customs to go after them as far as they are concerned. The type of inspection involved with this kind of situation requires searches that are most certainly invasive and personal. (I'm not suggesting the two individuals referenced have anything to do with narcotics smuggling, and I'm not using their names/nyms so it doesn't show up in search. The legal question is what's relevant.) RE: Politically Motivated Border Searches Could Be Unconstitutional, Judge Rules | Threat Level | Wired.com |