Received two misdemeanor citations at San Diego Harbor airport today.

Discussion in 'Aviation Passenger Security in the USA' started by Normal Person, Jul 20, 2011.

  1. I'm not one to be in the spotlight, so I will remain anonymous till after my case clears. And I've only just found this site. But I had a pat down, about a year and a half ago, that was a terrible experience, and this was after going through the 3D XRay machine.

    Today I was cited for 7.01(b), failure to complete pre boarding screening. And 602(v)(1)pc - Avoid Screening Process.

    My original TSA agents, mumbled and spoke to me with their backs towards me. I'm not prejudiced, I am caucasian, and my girlfriend has a thick accent, and is not from the U.S. But I could barely understand the latino agent, and only slightly better the asian agent. But needless to say, we had a misunderstanding, where I believed I completed the screening process, and they claimed I rejected the EIT, and did not complete the screening process, because I rejected a pat down. Initially I did totally reject the pat down, as I thought it was an illegal search, as the people in front of me, were not subject to this, and they set off the alarm, and I didn't. Eventually I consented to a pat down, where they did not touch my groin, or (expletive deleted). They said this was not good enough, but refused to let me leave.
    Bottom line... I was going to get cited, if I did not let them touch my groin, or (expletive deleted). The police told me, that it was not molestation of the person touching you didn't receive any personal enjoyment out of this. There was much debate between the police and the TSA on if I was going to be cited or not, and when one of the management heard that I was going to get two citations, he smirked and smiled, which made me sick to my stomach. I immediately called him a molesting bastard... which wiped the smirk off his face, and he looked at me in a surprised manner... and said... what did you say. And I said, you heard me, you smirking molesting bastard. It was the peak of me loosing my cool. The TSA totally is on a power trip here. You can't leave, unless we grope you. I offered to let the police pat me down. I lifted up my shirt. I offered to let them pat me down, everywhere but my privates.

    If the TSA truly had power, they wouldn't ask. They would just do it. All they can do, is plead for the police to cite you.

    I commend the harbor police... and officer Craig. He kept me sane, during all of this. Seemed sympathetic. He pushed me hard in the beginning, and said I was going to jail. And I told him, I'd rather go to jail, then have another TSA pat down. I did not go to jail, total episode, from start to getting a rental car was about three hours. TSA even told the cops, I was good to fly. So I entered the security line again, and as soon as I did, they were X-Raying Every Single Passenger... until I left the line. Then they would go back to the metal detector. Clearly its not random. I was singled out. They were determined to pat me down.

    The TSA says, they cannot provide me with their procedures, as they are confidential. But the XRay is random. This is clearly not the case. They have a napoleon complex, but no army.

    I read about the underwear guy, back in December, which I hadn't heard about until researching this tonight. Anybody know the outcome of his case?
     
  2. Lisa Simeone

    Lisa Simeone Original Member

    Normal Person, when you say "underwear guy," do you mean the UVA student from Charlottesville who stripped down to his briefs to go through security and was arrested? There are so many people out there now who've done similar things, I'm not sure which person you're referring to.
     
  3. Lisa Simeone

    Lisa Simeone Original Member

    By the way, I'm passing your story around. But I already know from long experience that those who don't get it don't want to get it. They're totally fine with it, as long as it happens to you and not to them.

    The whole thing is really so obnoxious, the gropes, the assaults, the intimidation, the collective shrug of the sheeple, I've run out of words to describe it.
     
  4. jtodd

    jtodd Original Member

    I doubt this will hold up. The TSA can't force the local police to create an ordinance/law requiring you to pay the local gov. for a fine only defined and held by the TSA. That is a load of garbage that will go straight out the window, as I highly doubt they have passed local ordinances. I would suggest submitting your story to the local media on top of retaining your lawyer.
     
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  5. FetePerfection

    FetePerfection Founding Member Coach

    Welcome Normal Person - sorry you are going through this ridiculous charade. Have you actually been fined a specific amount? Is there an opportunity to appeal? What will you be doing to fight this?

    You instantly have over 100 supporters right here on TUG. Please let us know how we can help.
     
  6. Mike

    Mike Founding Member Coach

    This adds a new dimension to what goes down at a checkpoint at airports that try to pull this garbage, you can incriminate yourself in your discussions with the officer regarding what you consider to be malfeasance on the part of the screener.

    However, you would be guilty of a 7.01(b) offence only if you were in the sterile area after a failure to complete screening. As long as you have not entered a "sterile, restricted or limited access area" you have have not committed a 7.01(b) violation. If you fail to complete screening for any reason & leave, that should not be a violation.

    602(v)(1) is from the California Penal Code:

    The might be a bit more nebulous on the surface, but as I read it you would still have to enter the sterile area (having avoided screening) to be guilty of such a trespass. By reporting for screening at a checkpoint, I would think that you have complied with the notices that are required to be posted. If you don't complete screening to the screener's satisfaction & leave, that should not be a violation.

    This section (and the require posting of notice) seems aimed at those who would walk in through an unmonitored exit or an open gate or over/under a fence.
     
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  7. Cartoon Peril

    Cartoon Peril Original Member

    I would agree. Technically the "secure area" might include the line to get into the secure area, although that seems dubious. But if it did, the statute would then grant unlimited authority, up to and including a strip or body cavity search to the criminals at the checkpoint, and I don't think a court would read it to grant that authority.

    Also, this is a criminal prosecution. There are such things as laws and rights, these are generally foreign concepts to the thieves/molesters at the checkpoint.
     
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