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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

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.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: 4thamendment; chat; grope; notbreakingnews; nudeoscope; tsa; tsapervs; vanity; xray
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To: texmexis best

“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.


281 posted on 11/17/2010 8:51:33 PM PST by Soothesayer (“None can love freedom heartily, but good men; the rest love not freedom, but license...")
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To: Mike Evers

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.


282 posted on 11/17/2010 8:53:27 PM PST by Soothesayer (“None can love freedom heartily, but good men; the rest love not freedom, but license...")
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To: Mike Evers

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


283 posted on 11/17/2010 8:54:51 PM PST by GILTN1stborn
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To: Mike Evers

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


284 posted on 11/17/2010 8:54:58 PM PST by GILTN1stborn
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To: Mike Evers

The American people need to file a Class action -
NOW


285 posted on 11/17/2010 9:00:32 PM PST by maine-iac7
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To: Mike Evers
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.

286 posted on 11/17/2010 9:04:48 PM PST by maine-iac7
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To: Paladin2
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.)

287 posted on 11/17/2010 9:12:06 PM PST by maine-iac7
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To: justlurking
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.
288 posted on 11/17/2010 9:28:53 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: Mike Evers; All
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?

289 posted on 11/17/2010 9:33:33 PM PST by maine-iac7
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To: Esther Ruth
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.

290 posted on 11/17/2010 9:42:56 PM PST by maine-iac7
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To: Mike Evers
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.

291 posted on 11/17/2010 9:43:03 PM PST by Jed Eckert
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To: Mike Evers

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.


292 posted on 11/17/2010 9:46:48 PM PST by maine-iac7
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To: Mike Evers
Makes my skin crawl.


293 posted on 11/17/2010 9:47:53 PM PST by dragnet2
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To: for-q-clinton; All

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

294 posted on 11/17/2010 10:18:58 PM PST by maine-iac7
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To: Kimberly GG
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)

295 posted on 11/17/2010 10:49:41 PM PST by maine-iac7
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To: unkus
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.


296 posted on 11/17/2010 11:28:50 PM PST by maine-iac7
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To: GILTN1stborn

ahahahaha


297 posted on 11/17/2010 11:32:14 PM PST by maine-iac7
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To: Feline_AIDS

*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.


298 posted on 11/17/2010 11:32:31 PM PST by Zarro (Hands off Our Junk!)
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To: Mike Evers

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.


299 posted on 11/17/2010 11:34:24 PM PST by Freedom56v2 ("If you think healthcare is expensive now, wait till it is free"--PJ O'rourke)
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To: relictele

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!!!!!!!!!!


300 posted on 11/17/2010 11:37:06 PM PST by Freedom56v2 ("If you think healthcare is expensive now, wait till it is free"--PJ O'rourke)
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