Cop pulls a car over for speeding. Upon reaching the car he smells weed and sees things in the car leading him to believe that there're drugs in the car. He now has the right to search the car and the people correct?
Yes, but there isn't an image available to tell him that there are drugs in the car. The cop is using his own sense of smell, which he can bring to court and be tested for it's accuracy. Now, do people do that, not anymore. That's because the courts have ruled that the cop can search based on his training and experience. Most cops have smelled marijuana, and therefore it is readibly noticed when smelled. This is a totally separate issue.
This issue revolves around the use of a scanning device. Even the courts have noted when using binoculars, infrared sensors, and thermo-imaging devices that if the officer could not have been able to tell what was occurring with his normal senses, then the evidence would be inadmissable in court.
As en example in Kyllo (Kullo (2001) 533 U.S. 27), the USSC ruled that the warrantless use of a thermal imaging device upon a private residence does indeed constitute an unreasonable, and therefore illegal "search". How much more so on a person (which is held more inviolable by the courts), and something that literally invades their personal space?
Now, will this hold true in an airport setting, especially considering that magnetometers are already used? Who knows, but I'm sure the courts will hear about it one of these days.
Person walks thru the scanner, and TSA worker sees something odd strapped around the waist of the person walking thru. He now has enough probable cause to search then person, correct?
But that's just it. He doesn't
see something odd. A computer is telling him that something is odd. That is a different story (see above).
The point of what I was saying before, came up during the question of whether or not images are saved, and if they're not, what proof does the TSA worker have. I was simply saying that much like the evidence of the drugs in the car, that is your proof. If someone walks thru and they do in fact have a bomb, there is your proof, later on, in court.
You don't need proof to provide the probable cause to search, only sufficient enough evidence to show that a reasonable police officer with the appropriate training and experience would be allowed to search. But remember, his knowledge, training, and experience will all be tested in court. If need be, they can also test his sense of smell. In what way will they be able to "test" this scanner, especially if no proof of the existence of what was actually seen will be available.
During a DUI checkpoint, they stop random cars, dont they? Say every 5th car unless there is something obvious, such as a headlight thats out, or someone clearly not wearing a seatbelt, so even if that car was the 3rd one, they're still getting pulled over.
If the 5th car is driven by a black male, how is that profiling? He just happened to be the 5th car, no? So, if the cop is black and Im in the 5th car, can I cry discrimination too?
But remember, everything can be challenged in court. That person can claim racial profiling. Now, if the cops decided to pull over, say, every third car, but now all of a sudden their pulling out cars "at random" for traffic violations, there goes your we only stop every third car profile. So, even if the black driver who gets stopped wasn't the "third" one, but gets pulled over for a specific violation, he can then say, you only stopped me because I'm black. And even if he was the "third" one, if say the car before him got pulled over due to a headlight, then he can challenge that in court.
Once again, no on believes the cops anymore, so the case gets thrown out. Maybe...