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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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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: The Pack Knight
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.

This is complete BS, but I shouldn't be surprised at this decision from the 9th Circus.

But, I believe that means that this precedent is only binding in the states in the 9th Circuit (i.e. CA, OR, WA, ID, MT, NV, AZ, AK, and HI). Unless there is a similar precedent in your circuit court, it's not necessarily valid.

Maybe I'll get the chance to set an opposite precedent in the 5th circuit. Those judges won't put up with this kind of crap, and it will set up a conflict that has to be decided by the Supreme Court.

222 posted on 11/17/2010 3:38:08 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: The Pack Knight

The airport has essentially become a Constitution-Free Zone.....

********************

There is no such thing in America. We are all covered by the Constitution at all times. Wonder what our troops would think about this idea when flying home from battle.


279 posted on 11/17/2010 8:39:03 PM PST by JouleZ (You are the company you keep.)
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