How is this a legal search?
i don’t believe it is.
they will argue it’s akin to a cop driving in a parking lot scanning plates for possible offenders.
From a recent New York Times poll (August 2012), most NYC residents are in favor of the "Stop And Frisk" policy although most of them think it unfairly targets minorities. Moreover, and overwhelming majority believes that the NYPD favors whites over all other ethnic groups.
However, most people in NYC -- including minorities -- believe that the NYPD handles race relations appropriately and that both the mayor and the police commissioner have both positive approval ratings and race relations approval numbers.
Conclusion: Statistics show overwhelming odds are that if you're a New York City resident, you're essentially a F&*#ing idiot.
No way it is legal. Terry v. Ohio is pretty clear when an officer can search a person for a weapon. They can’t claim plain view because they are using equipment to see where they can’t normally. But, in this day and age, it is a toss up whether the courts will uphold the 4th amendment.
I would contend it's a violation of the Fourth Amendment, but I can tell you how the argument will be made. The article states, "Dubbed “T-Ray,” the machine detects terahertz radiation, a high-frequency electromagnetic natural energy that is emitted by people."
It will be argued that they're not searching people or their persons, but the radiation they are emitting into the surrounding environs.
It's like a narc detector dog doesn't search your wall locker or car, but rather, "the air around it."