Is the Whole Country an Airport Security Zone?
Full-body scanners in roving vans:
American Science & Engineering, a company based in Billerica, Massachusetts, has sold U.S. and foreign government agencies more than 500 backscatter x-ray scanners mounted in vans that can be driven past neighboring vehicles to see their contents, Joe Reiss, a vice president of marketing at the company told me in an interview.
This should be no different than the Kyllo case, where the Supreme Court ruled that the police needed a warrant before they can use a thermal sensor on a building to search for marijuana growers.
Held: Where, as here, the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment “search,” and is presumptively unreasonable without a warrant.
Steve Laniel • August 27, 2010 8:19 AM
The trouble, though, is what Scalia (if memory serves) wrote in dissent: the “not in general public use” standard virtually guarantees that, over time, people’s privacy rights will diminish as technologies become more widely used.
But yes, in the instant case, using the Kyllo standard would probably buy you what you want.