The body scanners and patdowns are similar; while they are in use right now, it's far from certain that they will exist forever. There is just too much backlash.
So I wouldn't say that we are a police state yet. Some renegades have made decisions, and the wheels of justice turn slowly. Sometimes it looks like nothing is being done, but that's just because the machinery of the government is slow.
Hell, 19 prominent senators couldn't even get their "censor the Internet" bill through Congress, even though they really wanted it. The system works!