Body Scanners

DISCLAIMER: I am not a lawyer nor giving any legal opinion or advise. this blog is in accordance with the requirement for my Technology and the Law Subject.

This topic is with regard to the proposed importation of body scanners to be used in our airports as a security measure. 

To begin with, what is a body scanner? A full-body scanner is a device that creates an image of a person's nude body through their clothing to look for hidden objects without physically removing their clothes or making physical contact.(Wikipedia)

Recently published in the Philippine Daily Inquirer was regarding the said importation of this Full-Body scanners to be  used in our airports. http://globalnation.inquirer.net/news/breakingnews/view/20110127-316982/Full-body-scanners-at-NAIA-mulled it was said that "By next year, travelers at the Ninoy Aquino International Airport may find themselves in a literally revealing and potentially humiliating situation."

With this in mind, We, as travelers or users of the Ninoy Aquino International Airport may be subjected to such full body scan. I find some issues and benefits regarding this measure to be implemented in our country, among which are: PRO's 1) it may reduce the risk of terrorist attacks in our airports, 2) a better security measure, and 3) eliminating the risk of bringing in and out illegal substances or other things that may be carried and hidden behind our clothes. On the other hand, these are the CON's 1) it may be subject to constitutional issues specifically the BILL of RIGHTS in Article III sec.2 on illegal search and seizures, 2) leakage of its database to the general public of pictures taken from said scanners.

My stand regarding this issue is that this should not be implemented in our country on the basis that it violates the fundamental law of our land, the Philippine Constitution specifically the provisions on search and seizures. The usage of this scanners are illegal and the things seized may be considered illegally seized as in accordance with the plain-view doctrine.

plain view doctrine n. the rule that a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. Example: a policeman stops a motorist for a minor traffic violation and can see in the car a pistol or a marijuana plant on the back seat, giving him "reasonable cause" to enter the vehicle to make a search. http://legal-dictionary.thefreedictionary.com/Plain+View+Doctrine. 

To further explain my opinion, in the plain-view doctrine, there should be no exertion of extra effort to see or obtain the thing to be seized meaning it should be seen with the naked eye. if this is the case, the use of the scanners would not coincide with the doctrine and is clearly violative of the provisions on search and seizures.

Again, this is not a legal opinion but a mere personal statement done which may or may not be correct and would be of proper discussion in the proper forum and the proper time. what was stated above may be considered before implementation of the said plans of the government and the usage of public funds.