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Almost arrested for refusing the TSA pat-down.
Mike Evers

Posted on 11/17/2010 11:22:37 AM PST by Mike Evers

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To: cricket

I think I would write ‘kiss me I’m Irish’ across my cheeks. Regretfully, I could probably write it in big letters without starting a second line.


201 posted on 11/17/2010 2:04:33 PM PST by Never on my watch (Touch my junk and I call the cops!)
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To: ponygirl
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.

202 posted on 11/17/2010 2:06:06 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: Bushbacker1; Mike Evers

Nobody’s perfect. :)


203 posted on 11/17/2010 2:09:29 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Mike Evers

I would have paid your bail.


204 posted on 11/17/2010 2:09:37 PM PST by My Favorite Headache (In a world where I feel so small, I can't stop thinking big.)
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To: Mike Evers
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.
205 posted on 11/17/2010 2:11:19 PM PST by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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bttt


206 posted on 11/17/2010 2:15:25 PM PST by ELS (Vivat Benedictus XVI!)
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To: The Pack Knight

9th Circuit in United States vs. Aukai-—Since the 9th Circuit gets overruled frequently by the Supremes, this decision may not stand.


207 posted on 11/17/2010 2:15:31 PM PST by Presbyterian Reporter
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To: Mike Evers
Glenn Beck is covering the TSA story right now. Might want to contact him if they further press you on this.

Would make for a good panel discussion.

208 posted on 11/17/2010 2:20:14 PM PST by 444Flyer ("The contest for ages has been to rescue liberty from the grasp of executive power." -Daniel Webster)
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To: TexasCajun

Yeah, and if a frog had wings, it wouldn’t bump its ass when it hopped. Let’s try to stay away from the what-if and stick to the reality, which is horrendous enough.


209 posted on 11/17/2010 2:24:36 PM PST by Xenalyte (Pablo is very wily.)
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To: driftdiver

“...Do your best to look bored and certainly don’t lose your temper. It seems if you make eye contact with the person doing the ‘random’ selections you are more likely to get picked.”

Wow! I can just imagine this type of advice being given to a certain group in Germany during the 1930’s.


210 posted on 11/17/2010 2:25:09 PM PST by texteacher
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To: texteacher

“Wow! I can just imagine this type of advice being given to a certain group in Germany during the 1930’s.”

Good call. It was exactly the advice being given to Jews as they passed Nazis in the streets.


211 posted on 11/17/2010 2:26:49 PM PST by Luke21
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Comment #212 Removed by Moderator

To: Mike Evers

Glenn Beck started (& is continuing) his show with this right now!


213 posted on 11/17/2010 2:30:38 PM PST by Guenevere (....)
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To: Mike Evers
"...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.

214 posted on 11/17/2010 2:34:14 PM PST by moehoward
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To: MindBender26; Mike Evers

Dag.....

Almost corn-holed by the gub-mint.

baaaad boy.......

LOL.

Sorry for your unfortunate encounter. It will get worse before things improve I suspect.

Argh


215 posted on 11/17/2010 2:35:01 PM PST by roaddog727 (It's the Constitution, Stupid!)
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To: Mike Evers

216 posted on 11/17/2010 2:42:32 PM PST by Pyro7480 ("If you know how not to pray, take Joseph as your master, and you will not go astray." - St. Teresa)
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To: Mike Evers

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


217 posted on 11/17/2010 2:46:58 PM PST by luckybogey
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To: eastforker; onyx
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.

218 posted on 11/17/2010 3:10:32 PM PST by Syncro (Sarah Palin, the unofficial Tea Party candidate for president--Virtual Jerusalem)
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To: Luke21

Red herring. So could heteros.


219 posted on 11/17/2010 3:12:25 PM PST by Xenalyte (Pablo is very wily.)
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To: Syncro

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

——————————————————————————–

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.

——————————————————————————–

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.


220 posted on 11/17/2010 3:16:19 PM PST by FS11
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