Reply #13: A profile can be constructed based on multiple factors that could [View All]

[Toucano]

rise to the level of probable cause. Your point is very well taken and important.

Say we look at 20 data points - all applied to every passenger evenly and weighted based on analysis of statistical relevance*.

For example (numbers for illustration only):

1. Age: under 12, 0 points; 12-17, 2 points; 18-28, 5 points; 29-40, 4 points; 40-60, 3 points; 61 and over, 1 point.


2. Frequency of flying in the last 12 months: never, 3 points; seldom, 2 points, moderate, 4 points; frequently, 2 points.


3. Sex: male, 5 points; female, 2 points.


4. National Origin: Canada, 2 points; Yemen, 8 points, Saudi Arabia, 20 points.


5. Marital status: single, 3 points; married, 2 points; widowed, 3 points.


6. Ticket purchase: day of flight, 5 points; months prior, 2 points; weeks prior, 3 points.


7. Name on no-fly list: 25 points


8. Cash ticket: 10 points


9. No luggage: 15 points

Say the trigger for a scrutiny interview is 25 points.

So a 25 year old single Saudi man is going to be subjected to an interview, the outcome of which may require further screening.

An 8 year old girl from Canada whose name is on the no-fly list will also get an interview. When it's determined that she's 8 years old, she will not require further screening.

In this way, both parties are protected against unreasonable search without probable cause, and no one characteristic can be attributed to prejudicing the process.

The multi-point profile has given the government reasonable suspicion to further scrutinize one person and not another. The interview could provide probable cause to proceed with further scanning of an individual. It's not entirely objective, but (depending on the value of the compiled statistics) it could be reasonable.

It also would be a lot more effective and efficient.


*Regarding statistics, I don't claim to know what these characteristics might be, but I have no doubt someone does.