VANDERKLOK v. U.S.

No. 16-3422.

868 F.3d 189 (2017)

Roger VANDERKLOK v. UNITED STATES of America; Transportation Security Administration (TSA); Charles Kieser, TSA; City of Philadelphia; Raymond Pinkney, Philadelphia Police; Detective M. Wojciechowski, Philadelphia Police; Kenneth Flaville, Philadelphia Police; Jeh Johnson, Department of Homeland Security; John S. Pistole, TSA Charles Kieser, TSA, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 22, 2017.


Attorney(s) appearing for the Case

John C. Connell [ARGUED], Archer & Greiner, One Centennial Square, 33 East Euclid Ave., Haddonfield, NJ 08033, Jordan L. Fischer , Jeffrey M. Scott , Archer & Greiner, 1650 Market St. — 32nd Fl., Philadelphia, PA 19103, Counsel for Appellant

Nicholas A. Cummins , Charity C. Hyde , Bennett Bricklin & Saltzburg, 1601 Market St. — 16th Fl., Philadelphia, PA 19103, Counsel for Defendants City of Philadelphia, Kenneth Flaville, Raymond Pinkney and Michael Wojciechowski

Colin M. Cherico , Anne B. Taylor , Office of United States Attorney, 615 Chestnut Street — #1250, Philadelphia, PA 19106, Counsel for Defendants United States of America, Transportation Security Administration, John S. Pistole and Jeh Johnson

Robyn L. Goldenberg , 50 Ross Way, Marlton, NJ 08053, Thomas B. Malone [ARGUED], The Malone Firm, LLC, 1650 Arch St. — Ste. 2501, Philadelphia, PA 19103, Counsel for Appellee

Bejamin C. Mizer , Paul J. Fishman , Daniel J. Aguilar [ARGUED], Sharon Swingle , Mary Hampton Mason , Andrea Jae Friedman , United States Dept. of Justice, Civil Division — Rm. 7266 950, Pennsylvania Avenue, N.W., Washington, DC 20530, Counsel for Amicus Appellant

Before: SMITH, Chief Judge, JORDAN, and ROTH, Circuit Judges.


OPINION OF THE COURT

Roger Vanderklok wanted to fly from Philadelphia to Miami, where he intended to run a half-marathon. In his carry-on luggage, he had a heart monitor and watch stored inside a piece of PVC pipe that was capped on both ends. During screening at the airport security checkpoint, the pipe and electronics...

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