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My TSA Encounter
No Blasters! ^ | 2:20 pm - Mon, Nov 22, 2010 | Matt Kernan

Posted on 11/23/2010 11:13:43 AM PST by null and void

“You don’t need to see his identification.”

On November 21, 2010, I was allowed to enter the U.S. through an airport security checkpoint without being x-rayed or touched by a TSA officer.  This post explains how.

Edit:  Minor edits for clarity.  I have uploaded the audio and it is available here.

This past Sunday, I was returning from a trip to Europe.  I flew from Paris to Cincinnati, landing in Cincinnati/Northern Kentucky International Airport. 

As I got off my flight, I did all of the things that are normally requested from U.S. citizens returning from abroad.  I filled out the customs declarations, confirmed that I hadn’t set foot on any farmland, and answered questions about the chocolates that I had purchased in Switzerland.  While I don’t believe that these questions are necessary, I don’t mind answering them if it means some added security.  They aren’t particularly intrusive.  My passport was stamped, and I moved through customs a happy citizen returning home.

But wait – here was a second line to wait in.

This new line led to a TSA security checkpoint.  You see, it is official TSA policy that people (both citizens and non-citizens alike) from international flights are screened as they enter the airport, despite the fact that they have already flown.  Even before the new controversial security measures were put in place, I found this practice annoying.  But now, as I looked past the 25 people waiting to get into their own country, I saw it:  the dreaded Backscatter imaging machine.

Now, I’ve read a fair amount about the controversy surrounding the new TSA policies.  I certainly don’t enjoy being treated like a terrorist in my own country, but I’m also not a die-hard constitutional rights advocate.  However, for some reason, I was irked.  Maybe it was the video of the 3-year old getting molested, maybe it was the sexual assault victim having to cry her way through getting groped, maybe it was the father watching teenage TSA officers joke about his attractive daughter.  Whatever it was, this issue didn’t sit right with me.  We shouldn’t be required to do this simply to get into our own country.

So, since I had nobody waiting for me at home and no connecting flight to catch, I had some free time.  I decided to test my rights.

After putting all my stuff through the x-ray, I was asked to go through the Backscatter.  I politely said that I didn’t want to.  The technician quipped to his colleague, “We’ve got an opt-out.”  They laughed.  He turned back and started to explain.

After he finished, I said, “I understand what the pat-down entails, but I wanted to let you know that I do not give you permission to touch my genitals or the surrounding area.  If you do, I will consider it assault.”

He called his manager over, who again informed me of the policy.  Throughout this event, this happened quite a few times.  After raising my concerns regarding the policy to an officer, they often simply quoted back the policy.  For the sake of brevity, I will simply say “Policy restatement.”

I said, “I am aware that it is policy, but I disagree with the policy, and I think that it is unconstitutional.  As a U.S. citizen, I have the right to move freely within my country as long as I can demonstrate proof of citizenship and have demonstrated no reasonable cause to be detained.”

Policy restatement.  “You have two options – the Backscatter or the pat down.  It is your choice, but those are the only ways you can go through security.”

I asked if I could speak to his manager.

“I’m the supervisor here.”

“Do you have a manager?”

“Yes, but he’s very far away at the moment.  And he’ll say the same thing I am.”  Policy restatement.

At this point, I took out my iPhone, activated the voice recorder, and asked The Supervisor, “Per my constitutional rights, I am not allowed to be detained without reasonable cause for arrest.  Now, am I free to go?”

He answered, “If you leave, we will call the APD.”

I asked, “Who is the APD?”

“The Airport Police Department.”

I said, “Actually, that’s probably a good idea.  Let’s call them and your manager.”

The Supervisor turned and walked away without saying anything.  I stood and waited, chatting to The Technician about how they aren’t allowed to wear radiation badges, even though they work with radiation equipment.  He said, “I think I’m a couple steps ahead of you regarding looking out for my own health.”

I stood and waited for 20 minutes.  Two cops showed up.  Big ones.  I admit, I did not want to be handcuffed by these guys. 

One cop was older than the other, but they were still clearly partners.  Neither of them took the lead on answering my questions, and neither of them told the other what to do.  They came over to me and asked me to explain the issue.  I first showed them the iPhone.  After I explained my position, they restated the policy to me. 

I said, “Yes sir.  I understand the policy, but I still disagree and I still don’t think that I can be made to do these searches in order to go home.  Now am I free to go?”

They didn’t answer.

I repeated the question.  “Since you are actual police officers and not simply TSA, I am sure you have had much more training on my rights as a U.S. citizen, so you understand what is at stake here.  So, am I free to go?  Or am I being detained?”

Young Cop answers, “You aren’t being detained, but you can’t go through there.”

“Isn’t that what detaining is?  Preventing me from leaving?”

“You can leave if you want, but it has to be that direction.”  He points back towards customs.  Young Cop asks, “Why are you doing this?”

I explain that I’m worried that the Backscatter has unproven health risks.  And that for all he knows, I might be a sexual assault victim and don’t feel like being touched.  I say that the policy is needlessly invasive and it doesn’t provide any added security.

He asks, “But didn’t you go through this when you left on your flight?”

“Yes,” I say, grinning, “But I didn’t want to miss my flight then.”

The cops leave, and I stand around and wait some more.  It should be noted that throughout this time, no fewer than 10 TSA officers and technicians are standing around, watching me.  I was literally the only one still waiting to go through security.

The cops, The TSA Supervisor, and another guy were standing behind the checkpoint deliberating about something.  I explained this to my iPhone and The Supervisor shouted, “Does that thing have video?”

“No sir.  Just audio.”  I was telling the truth – I’m still on an iPhone 3G.

After a while, Young Cop comes and asks me for my papers.  My passport, my boarding pass, my driver’s license, and even a business card.  I give him everything except the business card.  He told me that he was just gathering information for the police report, which is standard procedure.  I complied – I knew that this was indeed standard.

He left, and a Delta Airlines manager comes over and starts talking to me.  He is clearly acting as a mediator.  He asks what I would consent to, if given my options.  I explain that I want the least intrusive possible solution that is required.  I say, “I will not do anything that is not explicitly stated on recording as mandatory.”  He leaves.

Let me pause and clarify the actors’ moods here, because they will soon start to change:

The Supervisor: Very standoffish.  Sticking to policy, no exceptions.
The TSA Officials:  Mainly amused.  Not very concerned otherwise.
The Cops: Impartial observers and consultants.  Possibly a bit frustrated that I’m creating the troubles, but being very professional and respectful regardless.
The Delta Supervisor:  Trying to help me see the light.  He doesn’t mind the work - he’s here all day anyway, so he’d rather spend it ensuring that his customer is happy.
After another wait, Old Cop returns, and asks me what I want.  I tell him, “I want to go home without going through the Backscatter and without having my genitals touched.  Those are my only two conditions. I will strip naked here if that is what it takes, but I don’t want to be touched.”

He offers as an alternative, “What if we were to escort you out with us?  It would involve a pat-down, but it would be us doing it instead.”

“Would you touch my balls?”

“I don’t want to touch your – genital region, but my hand might brush against it.”

I clarify, “Well, like I said, I’ll do whatever you say is mandatory.  If you tell me that you have to touch my balls—“

“—I said no such thing.  You’re putting words in my mouth.”

“OK.  I apologize.  If you say that a pat-down is mandatory, and that as a condition of that pat-down, I may have my genitals brushed against by your hand, even though you don’t want to, I will do that.  But only if you say it is mandatory.”

“I’m not going to say that.”

“OK.  So am I free to go?”

“You are free to go in that direction.”  He points back towards customs.  Then he walks away to commune with the others.

My iPhone is running out of battery, so I take out my laptop, sit in a corner, and plug it in.  I have some work to do anyway, so I pull up Excel and start chugging away for about 20 minutes.

This is where the turning point happens.

The cops come back and start talking with me.  Again, they are asking why I’m doing it, don’t I have a connection to make, etc.  They are acting more curious at this point – no longer trying to find a contradiction in my logic.

I eventually ask what would happen if I got up and left, and just walked through security.  They shrugged.  “We wouldn’t do anything on our own.  We are only acting on behalf of the TSA.  They are in charge of this area.”

“So if he told you to arrest me, you would?  And if he didn’t, you wouldn’t?”

“That’s right,” Young Cop says.

“OK well then I think it is best if we all talk together as a group now.  Can you call them over?”

The Supervisor returns, along with the Delta Manager.  The Supervisor is quite visibly frustrated.

I explain, “The police have explained to me that it is your call on whether or not I am being detained.  If I walked through that metal detector right now, you would have to ask them to arrest me in order for them to do anything.”

He starts to defer responsibility to the officers.  They emphasize that no – they have no issue with me and they are only acting on his behalf.  It is his jurisdiction.  It is policy.  They won’t detain me unless he tells them to.

So I emphasize the iPhone again, and ask,” So, if I were to get up, walk through the metal detector, and not have it go off, would you still have them arrest me?”

The Supervisor answers, “I can’t answer that question.  That is no longer an option because you were selected for the Backscatter.”

“Well you can answer the question because it is a yes or no question.  If I got up and left, would you have them arrest me?”

“I can’t answer that question.”

The moods have changed.  The cops are now frustrated with him because he’s pawning off his decision-making responsibility to them.  He’s stopping what is clearly a logical solution to the problem.  Meanwhile, the Supervisor is just growing more and more furious with me.

In another deferment of responsibility (which he probably thought was an intimidation factor), “Well then I guess I’m just going to have to call the FSD.”

Unphased, I ask, “What’s the FSD?”

“The Federal Security Director.”  And he walks away.

I can see him talking on the phone to the FSD – a man apparently named Paul – and I can only catch parts of the conversation:

• “No, he’s been perfectly polite…”
• “We tried that…”
• “All he said was … Constitutional rights”
He walks over to Old Cop and hands him the phone.  I can hear similar sound bites.  They hang up, deliberate some more, and then wait some more.

Meanwhile, I’m typing away on my computer.  Answering emails, working on my Excel model – things that I would have done at home regardless.

The Supervisor walks over and stands uncomfortably close to me.  After typing for a bit more, I look up.  His voice shakes, “I don’t know if I ever introduced myself.”  He pulls out his badge.  “My name is XXX XXX.  Here is my badge.  Now, I’ve shown you my credentials.”

Ah – he’s gotten the Miranda talk.  I hide my smile.

“Here’s what we’re going to do.  I’m going to escort you out of the terminal to the public area.  You are to stay with me at all times.  Do you understand?”

“Will I be touched?”

“I can’t guarantee that, but I am going to escort you out.”

“OK.  I will do this.  But I will restate that I still do not give you permission to touch my genitals or the surrounding area.  If you do, I will still consider it assault.”

“I understand.”

And then came the most ridiculous scene of which I’ve ever been a part.  I gather my things – jacket, scarf, hat, briefcase, chocolates.  We walk over to the staff entrance and he scans his badge to let me through.  We walk down the long hallway that led back to the baggage claim area.  We skip the escalators and moving walkways.  As we walk, there are TSA officials stationed at apparent checkpoints along the route.  As we pass them, they form part of the circle that is around me.  By the end of the walk, I count 13 TSA officials and 2 uniformed police officers forming a circle around me.  We reach the baggage claim area, and everyone stops at the orange line.  The Supervisor grunts, “Have a nice day,” and leaves.

In order to enter the USA, I was never touched, I was never “Backscatted,” and I was never metal detected.  In the end, it took 2.5 hours, but I proved that it is possible.  I’m looking forward to my next flight on Wednesday.

TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: 4thamendment; fourthamendment; mattkernan; tsapervs
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I'm flying next month. Good time to follow this guy's lead, methinks...
1 posted on 11/23/2010 11:13:46 AM PST by null and void
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To: Shimmer1; The Comedian


2 posted on 11/23/2010 11:20:12 AM PST by null and void (We are now in day 672 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void

Nicely done. Interesting to see everyone trying to pass the buck around, in the absence of any legitimate authority for them to frisk the guy’s privates.

3 posted on 11/23/2010 11:23:17 AM PST by Interesting Times (
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To: null and void

Great post. Very informative.

4 posted on 11/23/2010 11:26:26 AM PST by whinecountry (Semper Ubi Sub Ubi)
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To: null and void

Ha! I want a report from his Wednesday flight! As soon as they read his name, the fun will begin!

5 posted on 11/23/2010 11:26:56 AM PST by Cletus.D.Yokel (Islam is a violent and tyrannical political ideology and has nothing to do with "religion".)
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To: null and void

My problem is I would probably lose my temper.

6 posted on 11/23/2010 11:27:26 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: null and void

They are stomping the 4th amendment and know it. Everyone should refuse and ask if they are free to go. If not they are under arrest. False arrest and hell to pay for those arresting. The magic words are ‘am I free to go’.

7 posted on 11/23/2010 11:28:23 AM PST by screaminsunshine (Americanism vs Communism)
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To: null and void

How interesting!!!! Thx for writing all this up!

8 posted on 11/23/2010 11:29:05 AM PST by 556x45
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To: Interesting Times

AFAIK prison guards are not allowed to touch a prisoner’s genitals. One would think a person who hasn’t even been accused of anything might have more rights than a convicted felon doing time.

9 posted on 11/23/2010 11:30:14 AM PST by null and void (We are now in day 672 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void
It is time to do what grand-ma did.

Hosted by

Your 2nd Amendment right,
"Don't leave Home Without It"!

10 posted on 11/23/2010 11:30:39 AM PST by OneVike (Just a Christian waiting to go home.......)
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To: null and void


He also admits he was through some similar level of search upon boarding in France.

How long will he be willing to be detained — and this is a form of detention — to board a plane? And would they allow him?

11 posted on 11/23/2010 11:30:57 AM PST by bvw (No TSA goon will touch MY stuff)
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To: null and void

I’ve never encountered a security check after arriving internationally and clearing customs. I’ve always gotten my bag, sent it on to the next carrier, and went to the gate. I’ve never flown into that particular airport before though.

12 posted on 11/23/2010 11:31:28 AM PST by stuartcr (When politicians politicize issues, aren't they just doing their job?)
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To: 556x45

Not my story, just reporting.

13 posted on 11/23/2010 11:34:25 AM PST by null and void (We are now in day 672 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void
So, is this guy saying that after getting his passport stamped and then picking up bags and after clearning the CBP checkpoint where you turn in your stamped customs form that TSA set up a checkpoint?

Weird, as I travel a heck of a lot internationally, to include a flight to/from the UAE within the last week and upon returning to the US you head to ICE where they stamp the passport and customs declaration form, and then you pick up your checked bags and go to the next ICE station where they collect your customs form and possibly select you for screening if you might look like you are a smuggler or something.

Once clear of ICE stations (both), you are free to go. You simply walk out. The only time you need to see TSA again is if you have a connecting flight, and then you need to have a ticket and find your way to the usual TSA mouth-breather stations.

Something is odd about the article. Very odd. Perhaps someone that flew internationally within the last couple of days can chime in.

14 posted on 11/23/2010 11:34:30 AM PST by Hulka
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To: bvw

Please see my Post 14.

15 posted on 11/23/2010 11:36:35 AM PST by Hulka
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To: Interesting Times

Good point, done in the true spirit of bureaucracy. I think they hoped they could outlast him. Then again you can only be detained so long which they knew. It certain highlights the tenuous position theyre in, hoping no one questions their unconstitutional policies.

16 posted on 11/23/2010 11:38:12 AM PST by 556x45
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To: bvw


Because terrorists from the middle east have to “arrive” in America?

17 posted on 11/23/2010 11:39:53 AM PST by ModelBreaker
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To: null and void
I haven't flown international into CVG, but I think the reason the guy had to go through security is that Customs is in Concourse B and to get to baggage claim you have to go through the rest of Terminal 3 which is a secure area. The only reason he didn't have to get screened is because he was escorted out of that area.

This is really the airport's problem for locating international flights in a portion of the airport that doesn't have an exit to the street. I don't know if it would cut costs to offer a shuttle bus from Customs to the baggage claim compared to the cost of processing a few extra passengers.

As an aside, I hope this guy isn't upset having his criminal background checked while he was waiting 2 1/2 hours.

I have to fly for business in December, January, March, April and May and still don't know what I would choose.

18 posted on 11/23/2010 11:39:57 AM PST by USNBandit (sarcasm engaged at all times)
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To: null and void
Writing on his website, he said: 'I certainly don’t enjoy being treated like a terrorist in my own country, but I’m also not a die-hard constitutional rights advocate.

'However, for some reason, I was irked.'

If you don't advocate Constitutional Rights, do not be irked when you are treated like a terrorist in your own country. Rights, like muscles, work best when exercised.
19 posted on 11/23/2010 11:42:10 AM PST by mrmeyer ("When brute force is on the march, compromise is the red carpet." Ayn Rand)
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To: null and void

The TSA knows you can beat the rap, it is the ride they will make as miserable as possible for the flying public.

20 posted on 11/23/2010 11:42:22 AM PST by wrench
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