July 9, 2009 12:18PM # TSA Search Overturned By [David Rittgers](https://www.cato.org/people/david-rittgers) --- SHARE A federal judge just [threw out three fake passports discovered by a Transportation Security Agency (TSA) screener](http://online.wsj.com/article/SB10001424052970204556804574261940842372518.html), holding that the search exceeded the TSA’s aviation security mission. (H/T [Bruce Schneier](http://www.schneier.com/blog/archives/2009/07/court_limits_on.html)) This is long overdue; the TSA has moved beyond its original mandate and is now conducting searches for “contraband.” The search for anything that seems suspicious can quickly turn into an inquisition at the security checkpoint. Campaign for Liberty staffer Steven Bierfeldt [experienced this at the St. Louis airport](../../../../../2009/06/22/bierfeldt-v-napolitano-roundup/), and is now suing to prevent future searches beyond what is necessary for aviation security. The invasive searches don’t add much to airline security anyway. Just as [GAO investigators consistently defeat security at federal buildings](http://www.washingtonpost.com/wp-dyn/content/article/2009/07/07/AR2009070702742.html?hpid=moreheadlines), TSA screeners [often](http://blogs.abcnews.com/theblotter/2006/08/over_half_of_ts.html) [fail](http://www.msnbc.msn.com/id/11863165/) to [find](http://www.washingtonexaminer.com/opinion/blogs/SharpSticks/Majority-of-TSA-workers-at-BWI-Dulles-fail-recertification-test--48913597.html) [fake](http://www.homelandstupidity.us/2007/10/25/tsa-screeners-fail-most-bomb-tests/) [explosives](http://www.cnn.com/2008/US/01/28/tsa.bombtest/index.html) on security test teams. As Bruce Schneier points out in his excellent book, *[Beyond Fear: Thinking Sensibly About Security in an Uncertain World](http://www.amazon.com/Beyond-Fear-Thinking-Sensibly-Uncertain/dp/0387026207)*, the two effective changes in airline security since September 11, 2001 have been (1) hardening of cockpit doors; and (2) airline passengers will resist because they know that their hijackers are playing for keeps. Schneier spoke at Cato’s two-day [conference on counterterrorism](https://www.cato.org/events/counterterrorism/index.html) in January. Video at the link. ##### Related Tags [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).