f you somehow missed the hoopla, there are two types of machines being installed, which have raised concerns about privacy, health risks and even their effectiveness at catching terrorists. The more controversial “backscatter” devices project an X-ray beam onto the body, creating an image displayed on a monitor viewed by a T.S.A. employee in another room. The “millimeter wave” machines, which are considered less risky because they do not use X-rays, bounce electromagnetic waves off the body to produce a similar image.

Unlike metal detectors, these machines can detect objects made with other materials, like plastic and ceramic. But they can’t see anything hidden inside your body, or detect certain explosives.

[snip]

The T.S.A. claims that the machines have been evaluated by the Food and Drug Administration’s Center for Devices and Radiological Health, the Commerce Department’s National Institute for Standards and Technology and the Johns Hopkins University Applied Physics Laboratory. But when I called these organizations to ask about their evaluations, I learned that they basically tested only one thing — whether the amount of radiation emitted meets guidelines established by the American National Standards Institute, a membership organization of companies and government agencies.

But guess who was on the committee that developed the guidelines for the X-ray scanners? Representatives from the companies that make the machines and the Department of Homeland Security, among others. In other words, the machines passed a test developed, in part, by the companies that manufacture them and the government agency that wants to use them.

[snip]

Mr. Kimball said passengers can choose not to go through the scanner and opt for the metal detector and a pat down instead, information that is also on the T.S.A.’s Web site. But the message travelers are getting at the airport isn’t that clear.

“It definitely didn’t feel optional at all,” said Drew Hjelm, an Army veteran who recently encountered the X-ray machine at O’Hare Airport in Chicago. After asking to go through the metal detector, being turned down and even speaking with a supervisor, he was given other choices.

“The officer said, either you go through the body scanner or you leave the airport or we’re going to call the police and they’re going to come and arrest you,” Mr. Hjelm said. “After I went through the body scanner, they still patted my pants down.”

Since other passengers have said they weren’t given a choice, or were subjected to an aggressive pat down if they declined to be X-rayed, the Electronic Privacy Information Center has created an online form for travelers to report problems.

The advocacy group has also filed a motion in court to suspend the body scanner program, saying that it violates the Fourth Amendment (and other statutes) by imposing search procedures that are more intrusive than the courts have allowed for routine screening.

Labels: 9/11, air safety, Fourth Amendment, FUBAR

Mayor Cheye Calvo got home from work, saw a package addressed to his wife on the front porch and brought it inside, putting it on a table.


Suddenly, police with guns drawn kicked in the door and stormed in, shooting to death the couple's two dogs and seizing the unopened package.

In it were 32 pounds of marijuana. But the drugs evidently didn't belong to the couple.

Police say the couple appeared to be innocent victims of a scheme by two men to smuggle millions of dollars worth of marijuana by having it delivered to about a half-dozen unsuspecting recipients.

The two men under arrest include a FedEx deliveryman; investigators said the deliveryman would drop off a package outside a home, and the other man would come by a short time later and pick it up.

Now, federal authorities say they're looking into how local law enforcement handled the July 29 raid. FBI Agent Rich Wolf said late Thursday that the bureau had opened a civil rights investigation into the case.

A furious Calvo said earlier Thursday that he and his wife, Trinity Tomsic, had asked the government to investigate.

"Trinity was an innocent victim and random victim," Calvo said outside his two-story, red-brick house in this middle-class Washington suburb of about 3,000 people. "We were harmed by the very people who took an oath to protect us."

Calvo insisted the couple's two black Labradors were gentle creatures and said police apparently killed them "for sport," gunning down one of them as it was running away.

"Our dogs were our children," said the 37-year-old Calvo. "They were the reason we bought this house because it had a big yard for them to run in."

The mayor, who was changing his clothes when police burst in, also complained that he was handcuffed in his boxer shorts for about two hours along with his mother-in-law, and said the officers didn't believe him when he told them he was the mayor. No charges were brought against Calvo or his wife, who came home in the middle of the raid.

Prince George's County Police Chief Melvin High said Wednesday that Calvo and his family were "most likely ... innocent victims," but he would not rule out their involvement, and he defended the way the raid was conducted. He and other officials did not apologize for killing the dogs, saying the officers felt threatened.

The FBI will monitor how effective, fair and professional the law enforcement agency's conduct was during the incident, Wolf said. A police spokesman declined comment Thursday on the FBI investigation.

Police announced Wednesday they had arrested two men suspected in a plot to smuggle 417 pounds of marijuana, and seized a total of $3.6 million in pot. Investigators said the package that arrived on Calvo's porch had been sent from Los Angeles via FedEx, and they had been tracking it ever since it drew the attention of a drug-sniffing dog in Arizona.

Police intercepted it in Maryland, and an undercover detective posing as a deliveryman took it to the Calvo home.

Calvo's defenders — including the Berwyn Heights police chief, who said his department should have been alerted ahead of time — said police had no right to enter the home without knocking.

But officials insisted they acted within the law, saying the operation was compromised when Calvo's mother-in-law saw officers approaching the house and screamed. That could have given someone time to grab a gun or destroy evidence, authorities said.

Can I say what the hell is going on here? These are fully trained professionals? A kid and ball could have contained these dogs. Shot? Pursued and shot? Can we say trigger happy morons just waiting to bust of some rounds and choosing these dogs because they think, “hey they are just dogs, it isn’t like we shot some people you know.”

I went in over 500 homes in New Orleans and did't need to shoot a single dog in 3 weeks and nobody else did either.

This is an outrageous abuse and totally unnecessary. Even if the officers got a little bite it would have been reasonable vs shooting and killing two otherwise friendly dogs in their own house. As much as I see them tasering and beating people with clubs I am quite sure they could have found another way to disable two dogs. Not to mention that these “wanna be” swat players went in with all kinds of protective gear on I am sure.

As animal people we understand the dogs were probably acting up loudly as a group of men busted the door down and proceeded to attack its owner. One of which was shot in the back as it ran away.

To interrogate these people who were not even arrested in the presence of their own killed dogs is simply one of the most despicable things I have ever heard of by the police.

Patrick Murphy, the chief of the Berwyn Heights police, was not informed about the raid in advance. He reviewed the warrant and concluded Tuesday it did not contain the necessary language.

"There is no permission from the judge to treat this as a no-knock warrant. There is no affidavit of probable cause," Chief Murphy said. "The mayor demanded that they show him the warrant and they never did so."

The mayor, Cheye Calvo, could not be reached for comment Wednesday, but described the raid in an interview last week.

"They bound me and forced me to kneel in the corner," he recalled. "My mother-in-law was bound on the kitchen floor. They killed our dogs; these dogs are loved throughout town."

Prince George's County Police said Berwyn Heights Mayor Cheye Calvo brought a 32-pound package of marijuana into his home that had been delivered by officers posing as delivery men. The Tuesday evening raid was conducted by county police narcotics officers and a sheriff's office SWAT Team.

Labels: Fourth Amendment, police state

Last year, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit, based in Richmond, Virginia, declared that the government could not hold al-Marri, or any other civilian, simply on the president's orders. If it wanted to prosecute him, the court ruled, it could do so in the civilian court system.

That was the right answer. Unfortunately, last week the full 4th Circuit reversed the decision, and with a tangle of difficult-to-decipher opinions, upheld the government's right to hold al-Marri indefinitely. The court ruled that al-Marri must be given greater rights to challenge his detention. But this part of the decision is weak, and he is unlikely to get the sort of procedural protections necessary to ensure that justice is done.

The implications are breathtaking. The designation "enemy combatant," which should apply only to people captured on a battlefield, can now be applied to people detained inside the United States. Even though al-Marri is not a U.S. citizen, the court's reasoning appears to apply equally to citizens.

Equally troubling, the ruling supports President George W. Bush's ludicrous argument that when Congress authorized the use of force against those responsible for the Sept. 11 attacks, it gave the president essentially unlimited powers. If a president ever wants to round up Americans on vague charges and detain them indefinitely, this ruling gives him a dangerous green light.

Labels: executive power, Fourth Amendment, tinfoil