Almost arrested for refusing the TSA pat-down.

Very unpleasant experience today with TSA employees on a mission from God to conduct full body pat-downs whenever they could. You’ve heard about it. You’ve seen it on television. Well, it actually happened to me this morning and I almost went to jail over it.

I was attempting to fly out of Sarasota, Florida to Atlanta, Georgia today. I cleared security and got out to my gate only to discover the flight was delayed for another hour and a half. So I exited the boarding area and went to one of the restaurants in the main terminal. When I attempted to go back through security I was detained and told to sit in a Plexiglas cubical. I was now separated from my carry-on bag, my shoes, wallet, cell phone, watch and belt. Eventually a TSA employee entered and began to describe the procedures he was going to use to pat-down my entire body. I declined, and said I wanted to go back through the scanner. After all, I had cleared it earlier in the morning, and there was nothing new on my person. Perhaps it was just a misreading.

Well, they would have none of that. A very pompous little supervisor came over and asked me if I wanted to fly today. I informed him that was my intention. Otherwise, why would I be in his little plexiglass cubical. I told him I did not wish to submit to the full body pat-down because I believe it is unwarranted and potentially an unconstitutional invasion of my right to privacy—you know, the privacy right the Supreme Court says is in the Constitution even though there are no such words to that effect. Not persuaded by my argument, the supervisor told me to submit or he would have me arrested. I asked what law I was allegedly violating. He said refusal to submit to federal authority. I replied that I thought there were less intrusive alternatives. He said “No,” and once again demanded that I submit. I declined, so he brought over his superior and three Sheriff’s deputies. Now it was getting interesting.

So much time was taken up with all this nonsense that I missed my flight. When I informed them that I wished to leave the screening area so I could see about another flight I was advised that I was not allowed to leave. Now that I had tripped into their briar patch I either submitted to their search or face arrest. I contemplated the arrest scenario in earnest. When I was in law school 30 years ago, I don’t recall things being like this. Certainly there have been some changes, especially after 9-11, but full body pat-downs and groping of genitalia? When did all this come about Janet Napolitano? Last week? Well, I don’t think it will be around six months from now, so enjoy it while you can.

Facing certain arrest if I refused to submit to their police tactics, I agreed to the search and was led to a private cubical with frosted glass to keep things a bit more private. A Sheriff’s deputy stood inside because I said I did not wish to be without witnesses should the TSA employee get a bit too frisky while feeling every inch of my body, and I do mean “every inch!” Ladies, you are going to love this new procedure when you get singled out for “special” treatment. And guys, you are not going to like it one bit. No happy ending!

Naturally, the extraordinary feel-down didn’t produce anything explosive, or otherwise. Nevertheless, I was informed that the contents of my carry-on bag needed to be searched. Once again, I protested, informing them that it had already passed through screening on the x-ray conveyor belt. Well, now things were different. Now that I was getting the “special” treatment, the entire contents of my bag were laid out on the table for all to see. About 13 local and federal agents gathered around for this little training exercise, or as our beloved President Obama would call it, a “teachable moment.” Fortunately, I wasn’t carrying any sexy lingerie or other items that could cause one to blush. And the extra look-through didn’t produce anything explosive or dangerous, even though I mentioned that my house key could be used to poke out someone’s eye. They failed to see the humor in that observation and stuffed my belongings back into the bag and escorted me out of the screening area and into the ticketing terminal. I got booked on a late afternoon flight, rented a car for three hours ($18 is a lot cheaper than a taxi), and came home to catch on some work before returning to the brave new world of TSA dominance.

As a Million Miler with Delta, I have a little bit of experience with this whole flying thing. I was flying long before 9-11 brought about all this beefed up security and intrusiveness. I’ve faced plenty of airport security issues about the decade, had valuable items stolen from my checked bags by TSA employees, and now this arrogant display of unbridled assault and battery on my body, all in the name of protecting the American public. I publish this missive and add my voice to the growing tide of rebellion over this unprecedented intrusion against our personal freedom.

Now, it’s time to head back to the airport and pray that there has been a shift change in the screening area. If not, please come visit me wherever they decide to lock me up.

I am assuming that somewhere in the small print on your ticketing agreement that you have forfeited that fourth amendment.

As promised, here it is:

American Airlines Condition of Carriage

There is a clause here that I missed: American may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to the following:

4. Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances.

So, you are correct: you may be refused transport if you don't do this. But, the only penalty for non-compliance in this contract is removal from the flight, or not boarding in the first place.

At no point are you explicitly consenting to a search in advance.

I read about a similar situation to yours just the other day. I am not certain if anyone has mentioned or linked to it on this thread yet, but here it is:

TSA Encounter at SAN (by John Tyner @ LewRockwell.com)

This guy, after objecting to the pat-down, was escorted from the security area back to the ticket counter, where he got his refund. Then, the TSA told him that he could not leave the airport, and that he would be subject to a fine and a "civil suit" for leaving the security area - even though it was the TSA itself that escorted him from the security area. He finally told them to go ahead and sue him, and left.

I am also a lawyer, and I don't know if I would have had the guts to object to the TSA. The airport has essentially become a Constitution-Free Zone, and largely at the willing acquiescence - if not the urging - of the American people. And, of course, the 9th Circuit in United States vs. Aukai has held that you can't revoke consent to further searches, including a pat-down, once you've gone through the metal detector.

It's ridiculous, but the law, such as it is, does not seem to be on our side once we put ourselves at the mercy of the TSA.

"...even though I mentioned that my house key could be used to poke out someone’s eye."

A year or so after 9/11, my (then) seven yr old daughter and her mother were flying from SeaTac to LAX to see Grandpa for spring break. Daughter had her new art kit in her backpack. When the goons seized her backpack, and began riffling through it, she started to cry. But when she got really upset is when the "officer" told her mom that some of the contents were going to be taken away because they were not allowed.

What was deemed a hazard to aviation safety? A pair of flexible round point plastic scissors you could not cut warm butter with.

This was not nearly as stupefying as what was allowed. A plastic ruler with thin metal edge passed muster as did dozens of needle sharp pencils and the accompanying sharpener with enclosed (removable) razor.

This crap has everything to do with keeping the sheeple in line and ZERO to do with safety.

Mike: The Federal Authority is from The Aviation Security Act of 2001(ATSA)(P.L. 107-71)(i.e. 49 USC).

The September 11, 2001 hijacking of four airliners, and the enormous loss of life from the use of these airplanes as weapons, has focused congressional concerns on aviation security. During the debate in Congress the overarching issue was the degree of federal involvement needed both to make commercial air travel safer and to restore the public’s confidence in the security of our Nation’s airway and airports.

On October 11, 2001, the Senate passed, after multiple amendments, the Aviation Security Act of 2001, S. 1447 (introduced by Senator Hollings). The bill provided for the federalization of most aspects of airport security. The responsibility for much of the law enforcement aspect of airport security would have been shifted from the Department of Transportation (DOT) to the Department of Justice (DOJ).

Front-line screening of passengers and baggage would be carried out by federal agents under the authority of the Attorney General. DOT would have continued to administer the Federal Air Marshals (FAM) program but under DOJ guidelines.

On November 1, 2001, the House passed a bill that was significantly different from Senate-passed S. 1447. The Airport Security Federalization Act of 2001 (S. 1447 amended by the text of H.R. 3150, introduced by Representative Young), included provisions to shift the responsibility for the security of all modes of
transportation to a new administration, the Transportation Security Administration(TSA), within DOT. The bill called for the oversight of all airport screeners by uniformed federal agents but would have allowed for the use of contract employees as front-line security screeners.

On November 19, 2001, President Bush signed the Aviation and Transportation Security Act (ATSA) (P.L. 107-71; H. Rept. 107-296). ATSA, includes elements of both the House and Senate bills as well as new provisions added to facilitate the final compromise that was agreed to in conference. On the contentious issue of whether screeners should be federal agents or contractor personnel, ATSA provides that, within one year, federal employees shall be hired to take over airport security screening services at all but five U.S. commercial airports. Two years later, however, airports may opt-out of the federal screener system and switch to contractor screeners. The Act also establishes a new Transportation Security Administration (TSA) headed by an Under Secretary of Transportation for Security. Within three months of enactment, the responsibilities for aviation security would be transferred from the Federal Aviation Administration (FAA) to the TSA. Also included in the Act are provisions: requiring that, within 60 days, airports provide for the screening or bag-matching of all checked baggage; allowing pilots to carry firearms; requiring the electronic transmission of passenger manifests on international flights prior to landing in the U.S.; requiring background checks, including national security checks, of persons who have access to secure areas at airports; and requiring that all federal security screeners be U.S. citizens...

http://www.google.com/url?sa=t&source=web&cd=11&ved=0CBIQFjAAOAo&url=http%3A%2F%2Fwww.policyarchive.org%2Fhandle%2F10207%2Fbitstreams%2F1285.pdf&rct=j&q=Sections%20101%20and%20111(d)%20of%20the%20Aviation%20and%20Transportation%20Security%20Act%2C%20Pub.%20L.%20107-71%20(ATSA)%2C%20November%2019%2C%202001%20(49%20U.S.C.&ei=SFPkTKC-FIL7lwfarv21Dg&usg=AFQjCNF10utOQDG89WnGaSqXswgdpc9UOQ&cad=rja

You may be interested in the below (Virginia COULTER, Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Transportation Safety Administration, and Patricia Lamb, Defendants.):

“The TSA argues, and this Court agrees, that airport security screeners do not constitute investigative or law enforcement officials within the meaning of the FTCA. The TSA points to a decision by the District Court for the District of Oregon in Welch v. Huntleigh USA Corp., No. 04-663, 2005 WL 1864296 (D.Or. Aug.4, 2005). In that case, the court held that the United States could not be held liable for intentional torts committed by an airport security screener.”

http://www.expressjetpilots.com/the-pipe/showthread.php?39870-Suing-the-TSA&p=425123

I had a similar situation. (I was ready to strip down right in the boarding area!)

It went something like this:

A few weeks ago I flew to Alaska and back.
2 flights to get there, 3 to get back.
In Seattle on the way back, I got a seat change for my final flight home from LA
So they gave me a new boarding pass for LA to home, and crossed out the old info for the last flight on the 3 flight pass. They stapled them together.
When I got to LA, I thought I would avoid confusion by un stapling the two passes and only use the new one to board in LA.
The TSA was checking everyone in LA.
When it was my turn, the guy asked me for my drivers license and passport.
I told him I just came from Alaska and that it is part of the USA.
He said, Oh I mean your license and boarding pass.
I showed him my license and the old boarding pass (I kept the wrong one out) with the flight from LA completely crossed out and he looked at it and said OK.
Seems to me that should have been a red flag.
Before my turn came up, I noticed a well dressed older gentleman being asked to remove his coat, so when the TSA approached me I started to remove my coat.
He said that would not be necessary.
Being a scruffy looking bearded guy, I wondered why they want the coat taken off of a nicely dressed man in a suit and not me.
Maybe they are told to only get more serious with those that look completely innocent.
When I was through and got in line for the plane, a couple of 20 something girls had been watching and laughing.
I told them I would have stripped down right there if the TSA wanted me to.
They were relived I didn't...lol but laughed. (I think they may have one of those California “prescriptions.”)
Pingin' you onyx cause you said you wanted to hear this story

Then a couple of weeks ago ago I flew from Vegas to No Calif.

There were 4 male TSA and one female(?) (a square little dyke about 5 ft tall) checking people entering another flight.

The four males stood and watched while the female patted down about 5 women, grinning afterward while looking at her workmates.

The guys did not do anything but watch the little dyke feel up the women.

Weird to say the least.

What we need is about a 100,000 people who don’t care if they miss a plane – or can go to the airport long before their plane leaves – to all descend on Reagan in DC and refuse to be photographed but will put up with a grope.

Traffic at Reagan would come to a halt since the grope takes so long (been there, now engaged).

Cloward-Pivan for our side

15 posted on Wednesday, November 17, 2010 3:44:29 PM by gartrell bibberts

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Good idea. I suggest that be done on November 24th at airports across the Nation. That sort of activist protest of TSA would be sure to get plenty of MSM TV coverage.

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BO & Big Sis appear very scared of what is going to happen on November 24th, National Opt Out Day when hundreds of thousands of travelers opt out of the full body scan.

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