My latest story

Discussion in 'Aviation Passenger Security in the USA' started by TXFlyer, Jun 20, 2012.

  1. TXFlyer

    TXFlyer Member

    As I said in my intro post, I've been hassling TSA and having fun with it for pretty much 10 years now (although by reading some of these threads, I can see I have a lot to learn!). The past few years though, since the porno scanner and groping, my goal has changed from harassing them to just getting through unscathed.

    I never opt out. Maybe I've been lucky, but I've never had to deal with the scanner issue until last week (and I fly 25-50,000 miles a year). I'd rather not identify the airport in question, but it seems it has recently gone full time porno scanner (secondary use, yeah, right). To make a long story short, I set it off and was informed I'd have to be groped all over. I told them I'd rather just leave and was about to turn around to walk out when I was informed that wasn't legal, that I couldn't withdrawal consent once screening had started. This led to me calling the police over, my genitals being groped, and me leaving the airport in tears. I will say the police seemed to think the whole situation was as ridiculous as I did.

    While this was all going on, the "supervisor" told my husband that I was not being detained, but they knew I was hiding something because I tried to declined the screening. Sick, sick, sick thought process indicative of people who have no idea who they actually work for. He also asked my husband if he was in the military (huge military town), and when he replied yes, the goon told him that he "should understand procedures then". My husband said he was so shocked that he couldn't formulate a "I took an oath to defend the Constitution and right now I feel like defending it from you" response.

    You know, I know most people have no issues with the patdowns and opt out. Unfortunately for me, I'm overly modest (there is one other person who has ever touched me there and I'm married to him....the TSA didn't even buy me dinner first) and the whole thing left me feeling violated and sick.

    So I'm really not sure where to go from here. I'd love to stop flying, but that's not an option, so I think my plan is to find a way to get through the scanner unmolested, then go back to hassling them as much as I can after I figure out how to do that. I really don't care if they search my luggage (it gives me so opportunities to screw with them) but I can't be touched like that again without developing some sort of PTSD.
     
  2. Mike

    Mike Founding Member Coach

    I just scanned thru most of your thread "over there" (if I think about it long enough, I can find it :) ). Some of those bozos just need to be taken with a grain of salt or less, e.g. Often1 who started out by giving wrong advice (always travel with copies of your prescriptions) two years ago, and his stupidity had continued unabated for another 5K posts.

    Other points:

    U.S. v. Aukai is binding only in the 9th Circuit, advisory elsewhere. It has been tempered by other decisions in & out of the 9th Circuit. There is nothing in any court decision (Aukai or any other) that requires you to submit to a sexual assault at a TSA check point. However, until they're done messing with your baggage, it's hard for you to just pick up & leave.

    The Wired article you linked to is just plain wrong. You are not subject to unlimited searches at any time in an airport. At TSA checkpoints (normally at entrances to the sterile area, but they are also often set up in boarding areas, e.g. "gate rapes") they are allowed to do a limited administrative search for threats to aviation security, i.e. weapons, explosives, incendiaries.

    "Random" searches at other times require probable cause and can't be conducted by TSA's mall cops. Signage may say otherwise, but there's a reason why in actuality you don't the perverts running around doing random crotch checks in the corridors -- they can't. For limitations on administrative search, see U.S. v. Fofana. Some would claim that the 9th circuit repudiated Fofana in a recent child porn case in Hawaii, but the didn't; they just bought into the mall cop's claim (probably a lie) that she was continuing to perform a thorough administrative search for WEI as she was taking stock of his porn collection.
     
  3. nachtnebel

    nachtnebel Original Member

    First of all, I'm sorry this happened. Nobody should ever go through this. But the TSA creeps are all wet. They cannot force you to be groped; they are relying on intimidation to get people to comply. If you stuck to your guns they could have done nothing to you. If you did not cause a disruption by swearing, yelling, etc, the LEO would have no cause to arrest you either. High profile cases with politicians who triggered a full body search just like you did, were not required or forced to be searched. Nor were they fined. However, they were intimidated to the max to get them to allow the full grope.
     
  4. Lisa Simeone

    Lisa Simeone Original Member

    You are allowed to pick up and leave. It is a flat-out lie, which the TSA tells all the time to try to intimidate people, that you have to stay once you've started the screening process. Please read Sommer Gentry's account:

    How to stand up to the TSA and say “no”
     
  5. Sunny Goth

    Sunny Goth Original Member Coach

    What nachtnebel and Lisa said. I'm also sorry that this happened to you.
     
  6. Doober

    Doober Original Member

    It can't be cited enough:

    http://openjurist.org/482/f2d/893/united-states-v-davis
     
  7. Mike

    Mike Founding Member Coach

    U.S. v Davis was supplanted by Aukai.
     
  8. Lisa Simeone

    Lisa Simeone Original Member

  9. Caradoc

    Caradoc Original Member

    Who do you think the TSA works for?

    It certainly isn't you. Or me.
     
  10. TXFlyer

    TXFlyer Member

    Any federal employee works for the people of the United States. They just don't all act like it.
     
    DeafBlonde likes this.
  11. Caradoc

    Caradoc Original Member

    Not since the 1950's at least, if not earlier. Just like our elected officials haven't represented the will of the people in the same period of time.
     
  12. TXFlyer

    TXFlyer Member


    Yes, well....my experience with federal employees has been mostly limited to military, which I suppose is a little different. But I like to keep reminding my elected officials they work for me - one of these days they might get it.

    I'll do some more research on the legal end - even if the LEO can't legally arrest me, that doesn't prevent him from doing so and everyone fighting it out in court later and that's quite a step for a woman who's only had speeding tickets. I'm on the fence about contacting a lawyer and getting more guidance - I'd like to get a good answer, yet this was one of the few trips that I could cancel like this so I'm not sure it really matters. Right now I just want to figure out a way to continually get through security without being molested.
     
  13. Caradoc

    Caradoc Original Member

    Then you're on the right track. The absolute abolishment of the TSA would be the best first step.
     
  14. MaximumSisu

    MaximumSisu Requiescat in Pace

    Some work very hard, at risk to their position, promotion, and pension to be faithful servants to the people of the USA.

    I do have to say, however, that there very many who don't. TSA has a large "don't" percentage.
     
  15. Caradoc

    Caradoc Original Member

    Considering that "being a faithful servant to the people of the USA" and "working for the TSA" are orthogonal sets, are you surprised?
     

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