Almost arrested for refusing the TSA pat-down.

Mike Evers

[Soothesayer]

“He said refusal to submit to federal authority.”

He was probably a recent high school grad (or dropout) who learned the glory of communism from his teachers. He’s just trying to make the dream into a reality.

[Soothesayer]

Whatever. I’ll just grow a beard and put a Qur’an in each of my bags. Whenever they threaten me I’ll just threaten to call CAIR and the ACLU. They’ll panic and then back down.

[GILTN1stborn]

http://www.youtube.com/watch?v=3b-3O9wUMN8

[GILTN1stborn]

http://www.youtube.com/watch?v=3b-3O9wUMN8

[maine-iac7]

The American people need to file a Class action -
NOW

[maine-iac7]

hmmm - I'm thinking anyone going on a flight should eat a BIG bowl of baked beans about an hour before check in.

If they insist on feeling you up - let ‘em have it. Whadda they gonna do. Arrest You?
How would the charges read.

[maine-iac7]

someone said milk will show up too = I'm a great granny and I'm thinking of writing FU on a t-shirt.

Whadda they gonna do? They take me in the “file room’ to strip and find nada - it doesn't show up except in the machine?

We gotta think of ways that will mess with their minds -

Also - look them in the eye and ask: “How does it feel to look in your mirror and see a Fascist?” (Guarantee when they're home alone, every time they look in the mirror, they will remember those words - even if they don't want to admit they're true.)

[The Pack Knight]

One of the problems with the leading cases on the 4th Amendment as it pertains to airport searches is that they are almost all criminal cases where the 4th Amendment is being asserted by a defendant who was caught smuggling drugs. (As an aside, isn't it interesting that they are almost never caught with weapons or explosives, which is what the screens are supposed to be there for?) These are some unsympathetic litigants, and that doesn't help our case. Even though they aren't supposed to, many judges will look hard for ways not to let clearly guilty defendants walk free even if they were only convicted on illegally obtained evidence.

What would be better would be for innocent passengers to bring a Bivens claim against the screeners and tort claims against both the screeners and the TSA and/or United States itself. And I stumbled on a federal District Court case from New Jersey where a flight attendant who was subjected to an outrageous "pat-down" did just that. You can find the text in a thread on a forum for ExpressJet pilots here.

I'll try to keep this one brief without going into the procedural details - this opinion dealt with a motion to dismiss brought by the TSA and a motion by the plaintiff to amend her complaint.

Essentially, the court found that the plaintiff could bring both Bivens claims and common-law tort claims (namely battery) against the individual screener, but not against the TSA or the United States. The reason the plaintiff cannot sue the government is because the Federal Tort Claims Act, which waives federal sovereign immunity for tort claims, generally excepts intentional torts from that waiver, and specifically excepts assault and battery claims. The lone exception to that exception is for "acts or omissions of investigative or law enforcement officers of the United States Government".

But wait, aren't TSA screeners "investigative or law enforcement officers"? Now this is the interesting part, because the answer, according to the court, a number of cases its cites, and the TSA's lawyers themselves, the answer is no. TSA screeners "did not have the authority to execute searches, seize evidence, or make arrests for violations of federal law."

Now, if this case is right, that means that if you don't wish to be subjected to the pat-down and decide to leave the airport instead, the TSA officer does not have the authority to stop you. The most he can do is call the real police, though I'm not sure what crime he'd be reporting.

Obviously, this seems to contradict the other cases we've seen. I have a couple ideas as to why that is, but I'd need to do a lot more research before I'd be comfortable putting them forward.

[maine-iac7]

We should carry a card with - and all write on our body (with a 'wash off ink)

CONSTITUTION Amendment 4

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Let them get a warrent to prove 'probable cause" -

They must, to be lawful, prove they have probable cause to suspect you of being a terrorist or otherwise threat before they can lawfully molest you. do I have that wrong?

[maine-iac7]

They want us all chipped...

You may well have hit the nail on the head.

and none shall do business that have not the mark on their hand? (to paraphrase)

Unless, of course, you're an illegal alien, a union member, the political elite or a muzzy.

[Jed Eckert]

You really need to get your story out to Judge Napolitano on Freedom Watch:

http://www.foxbusiness.com/on-air/freedom-watch/index.html

He's been bringing citizens on the show with similar TSA horror stories but yours seems to top them all. This is beyond outrageous.

[maine-iac7]

Why wouldn’t an ID card and a thumb print work?

If you know you’re going to be traveling, have an FBI check, like for a passport, get a card and have it linked with a thumb print reader.

Many banks have thumb print readers.

[dragnet2]

Makes my skin crawl.

[maine-iac7]

They are winning/

Not only do the muzzies not get molested - they do the molesting.

A nun getting molested by a muzzie.

UP BAYONETS! and the video of a 3 year old girl screaming as a big thug attacks her - the mother finally picks her up - the Jack Booter keeps right at the poor child, who is still screaming "Stop touching me!" as the thug keeps running her (his?) hands up her legs - all the way up - over and over - and the mother still stands there.

I would now be in jail because I would have grabbed my child and ran - if they stopped me, I would've punched them or kneed them -

For anyone who has ever been ignorant enough to question why the Jews and others meekly lined up and were led to slaughter - well, you are seeing the beginning it here and now.

This is so outrageous, so outside anything we could ever have imagined happening in this country, that we are numbed and do not know how to react - how to resist. And so we submit, thinking this will never escalate.

IT WILLThis is nothing more than an 'acclimation exercise" - a trial balloon by the Fascists to see how meekly we will submit to subjugation.

We stop it now - or it will get bloody

[maine-iac7]

YOu, my dear, are part of the problem -

I guess you would've advised everyone in Holland, Austria, etc - in the late 1930’s - to ‘just line up, stop complaining, don't make a fuss - get on the train. (cattle car)

[maine-iac7]

YOu gave me an idea = I have to fly to Italy - (no trains or buses to get there) = so I - a great granny - will dig out my 2008 campaign season shirt I made.

[maine-iac7]

ahahahaha

[Zarro]

*Is* there a “too far”, then? What about when they start doing it in bus and train stations? What if they pull you over on the highway? You OK if they want to implant a chip?

Those are pretty well optional, too. Do you have a line?

Well, I’m offended. It may be “optional” to you, but I have a minor daughter, so it’s not EVEN and option now.

[Freedom56v2]

You should submit this to your local paper and also your Senator and Congressperson....Heck, send it to Limbaugh and Hannity, and Levin!

This is really OUTRAGEOUS.

[Freedom56v2]

Yeah it is sad that the “federal authority” is some minimum wage clerk—who would be arrested for doing what he or she is doing in any other venue!!!!!!!!!!