To: J Edgar
The line has been drawn. How are you and I going to respond? It is clearly a direct violation of the 4th Amendment prohibition of ... unreasonable search ...
Where is Congress? where are the courts? where are all those who have taken an oath to uphold and defend the Constitution?
It is not only a Civil Rights Violation of the 4th Amendment, it is also a violation of Title 18 U.S.C. Section 2242. One should file not only a civil rights case in order to hit the TSA and Homeland Security, one should also file CRIMINAL charges against the TSA Screener. They can't get out of that by claiming "I was just following orders." Not since Nuremberg.
The claim has been erroneously made that the 4th Amendment is too vague, but the USSC has clearly indicated in the past that searches which involve the intentional touching and/or manipulation of sexual organs constitute unreasonable unless certain, specific circumstances are in place (i.e., a Warrant, a Court Order, or some other legally prescribed circumstance). In certain standing situations body-cavity searches are enabled within the prison system and in the presence of someone charged with overseeing the process. None of this is present in the current circumstances. No law has been passed by congress authorizing these procedures, no court in the land has ruled on them either. By ANY definition one wishes to apply, they are violations of the "unreasonable" test within the 4th Amendment.
As for the searches being criminal violations of Title 18 U.S.C., Section 2242, the question becomes the nature of the touch, its being intentional and not incidental, and the perception of the person being touched relative to the coercion of the situation involved. The recent "upping-of-the-ante" by telling people they can't leave until questioned, etc., places the TSA in an even worse legal situation by increasing the coercion levels even further beyond where they were before that aspect of the situation was publicized.
The TSA cannot just claim that their searches, which involve the intentional touching of sexual organs, are not violations of Title 18 Section 2242. That is for a Grand Jury and a criminal court to determine. Keep in mind, despite what they seem to think, they are NOT above the Law.
36 posted on
11/20/2010 12:22:41 PM PST by
TexasGreg
("Democrats Piss Me Off")
To: TexasGreg
As for the searches being criminal violations of Title 18 U.S.C., Section 2242, the question becomes the nature of the touch, its being intentional and not incidental, and the perception of the person being touched relative to the coercion of the situation involved. The recent "upping-of-the-ante" by telling people they can't leave until questioned, etc., places the TSA in an even worse legal situation by increasing the coercion levels even further beyond where they were before that aspect of the situation was publicized.
Add the fact of the $11,000 fine that is being threatened, and the coercion levels are further increased. I believe sexual abuse or molestation also includes the requirement that the person carrying out the touching/etc. is doing it for some personal gratification. Do we need to have tests for the TSA workers to prove they have not been gratified in some way to determine whether it was sexual abuse (legally)?
This whole thing is insane. Yelling out by several TSA agents, "Opt out, we have a male opt-out," (paraphrased) makes them sound like a pack of hyenas/gangsters/whathaveyou. They should be ashamed of themselves. These TSA workers should be shunned by society. Next time, I hope someone prints their names, etc. Their neighbors, friends, and family should know what type of people they are dealing with.
46 posted on
11/20/2010 12:42:56 PM PST by
Girlene
To: TexasGreg
The police can’t even search your house or car without “probable cause” or warrant. Why is the TSA allowed to pull somone out of line “randomley” to be searched? No probable cause, no questioning, just hey you, over here?
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