Posted on 11/23/2010 11:13:43 AM PST by null and void
“You don’t need to see his identification.”
On November 21, 2010, I was allowed to enter the U.S. through an airport security checkpoint without being x-rayed or touched by a TSA officer. This post explains how.
Edit: Minor edits for clarity. I have uploaded the audio and it is available here.
This past Sunday, I was returning from a trip to Europe. I flew from Paris to Cincinnati, landing in Cincinnati/Northern Kentucky International Airport.
As I got off my flight, I did all of the things that are normally requested from U.S. citizens returning from abroad. I filled out the customs declarations, confirmed that I hadn’t set foot on any farmland, and answered questions about the chocolates that I had purchased in Switzerland. While I don’t believe that these questions are necessary, I don’t mind answering them if it means some added security. They aren’t particularly intrusive. My passport was stamped, and I moved through customs a happy citizen returning home.
But wait – here was a second line to wait in.
This new line led to a TSA security checkpoint. You see, it is official TSA policy that people (both citizens and non-citizens alike) from international flights are screened as they enter the airport, despite the fact that they have already flown. Even before the new controversial security measures were put in place, I found this practice annoying. But now, as I looked past the 25 people waiting to get into their own country, I saw it: the dreaded Backscatter imaging machine.
Now, I’ve read a fair amount about the controversy surrounding the new TSA policies. I certainly don’t enjoy being treated like a terrorist in my own country, but I’m also not a die-hard constitutional rights advocate. However, for some reason, I was irked. Maybe it was the video of the 3-year old getting molested, maybe it was the sexual assault victim having to cry her way through getting groped, maybe it was the father watching teenage TSA officers joke about his attractive daughter. Whatever it was, this issue didn’t sit right with me. We shouldn’t be required to do this simply to get into our own country.
So, since I had nobody waiting for me at home and no connecting flight to catch, I had some free time. I decided to test my rights.
After putting all my stuff through the x-ray, I was asked to go through the Backscatter. I politely said that I didn’t want to. The technician quipped to his colleague, “We’ve got an opt-out.” They laughed. He turned back and started to explain.
After he finished, I said, “I understand what the pat-down entails, but I wanted to let you know that I do not give you permission to touch my genitals or the surrounding area. If you do, I will consider it assault.”
He called his manager over, who again informed me of the policy. Throughout this event, this happened quite a few times. After raising my concerns regarding the policy to an officer, they often simply quoted back the policy. For the sake of brevity, I will simply say “Policy restatement.”
I said, “I am aware that it is policy, but I disagree with the policy, and I think that it is unconstitutional. As a U.S. citizen, I have the right to move freely within my country as long as I can demonstrate proof of citizenship and have demonstrated no reasonable cause to be detained.”
Policy restatement. “You have two options – the Backscatter or the pat down. It is your choice, but those are the only ways you can go through security.”
I asked if I could speak to his manager.
“I’m the supervisor here.”
“Do you have a manager?”
“Yes, but he’s very far away at the moment. And he’ll say the same thing I am.” Policy restatement.
At this point, I took out my iPhone, activated the voice recorder, and asked The Supervisor, “Per my constitutional rights, I am not allowed to be detained without reasonable cause for arrest. Now, am I free to go?”
He answered, “If you leave, we will call the APD.”
I asked, “Who is the APD?”
“The Airport Police Department.”
I said, “Actually, that’s probably a good idea. Let’s call them and your manager.”
The Supervisor turned and walked away without saying anything. I stood and waited, chatting to The Technician about how they aren’t allowed to wear radiation badges, even though they work with radiation equipment. He said, “I think I’m a couple steps ahead of you regarding looking out for my own health.”
I stood and waited for 20 minutes. Two cops showed up. Big ones. I admit, I did not want to be handcuffed by these guys.
One cop was older than the other, but they were still clearly partners. Neither of them took the lead on answering my questions, and neither of them told the other what to do. They came over to me and asked me to explain the issue. I first showed them the iPhone. After I explained my position, they restated the policy to me.
I said, “Yes sir. I understand the policy, but I still disagree and I still don’t think that I can be made to do these searches in order to go home. Now am I free to go?”
They didn’t answer.
I repeated the question. “Since you are actual police officers and not simply TSA, I am sure you have had much more training on my rights as a U.S. citizen, so you understand what is at stake here. So, am I free to go? Or am I being detained?”
Young Cop answers, “You aren’t being detained, but you can’t go through there.”
“Isn’t that what detaining is? Preventing me from leaving?”
“You can leave if you want, but it has to be that direction.” He points back towards customs. Young Cop asks, “Why are you doing this?”
I explain that I’m worried that the Backscatter has unproven health risks. And that for all he knows, I might be a sexual assault victim and don’t feel like being touched. I say that the policy is needlessly invasive and it doesn’t provide any added security.
He asks, “But didn’t you go through this when you left on your flight?”
“Yes,” I say, grinning, “But I didn’t want to miss my flight then.”
The cops leave, and I stand around and wait some more. It should be noted that throughout this time, no fewer than 10 TSA officers and technicians are standing around, watching me. I was literally the only one still waiting to go through security.
The cops, The TSA Supervisor, and another guy were standing behind the checkpoint deliberating about something. I explained this to my iPhone and The Supervisor shouted, “Does that thing have video?”
“No sir. Just audio.” I was telling the truth – I’m still on an iPhone 3G.
After a while, Young Cop comes and asks me for my papers. My passport, my boarding pass, my driver’s license, and even a business card. I give him everything except the business card. He told me that he was just gathering information for the police report, which is standard procedure. I complied – I knew that this was indeed standard.
He left, and a Delta Airlines manager comes over and starts talking to me. He is clearly acting as a mediator. He asks what I would consent to, if given my options. I explain that I want the least intrusive possible solution that is required. I say, “I will not do anything that is not explicitly stated on recording as mandatory.” He leaves.
Let me pause and clarify the actors’ moods here, because they will soon start to change:
• The Supervisor: Very standoffish. Sticking to policy, no exceptions.After another wait, Old Cop returns, and asks me what I want. I tell him, “I want to go home without going through the Backscatter and without having my genitals touched. Those are my only two conditions. I will strip naked here if that is what it takes, but I don’t want to be touched.”
• The TSA Officials: Mainly amused. Not very concerned otherwise.
• The Cops: Impartial observers and consultants. Possibly a bit frustrated that I’m creating the troubles, but being very professional and respectful regardless.
• The Delta Supervisor: Trying to help me see the light. He doesn’t mind the work - he’s here all day anyway, so he’d rather spend it ensuring that his customer is happy.
He offers as an alternative, “What if we were to escort you out with us? It would involve a pat-down, but it would be us doing it instead.”
“Would you touch my balls?”
“I don’t want to touch your – genital region, but my hand might brush against it.”
I clarify, “Well, like I said, I’ll do whatever you say is mandatory. If you tell me that you have to touch my balls—“
“—I said no such thing. You’re putting words in my mouth.”
“OK. I apologize. If you say that a pat-down is mandatory, and that as a condition of that pat-down, I may have my genitals brushed against by your hand, even though you don’t want to, I will do that. But only if you say it is mandatory.”
“I’m not going to say that.”
“OK. So am I free to go?”
“You are free to go in that direction.” He points back towards customs. Then he walks away to commune with the others.
My iPhone is running out of battery, so I take out my laptop, sit in a corner, and plug it in. I have some work to do anyway, so I pull up Excel and start chugging away for about 20 minutes.
This is where the turning point happens.
The cops come back and start talking with me. Again, they are asking why I’m doing it, don’t I have a connection to make, etc. They are acting more curious at this point – no longer trying to find a contradiction in my logic.
I eventually ask what would happen if I got up and left, and just walked through security. They shrugged. “We wouldn’t do anything on our own. We are only acting on behalf of the TSA. They are in charge of this area.”
“So if he told you to arrest me, you would? And if he didn’t, you wouldn’t?”
“That’s right,” Young Cop says.
“OK well then I think it is best if we all talk together as a group now. Can you call them over?”
The Supervisor returns, along with the Delta Manager. The Supervisor is quite visibly frustrated.
I explain, “The police have explained to me that it is your call on whether or not I am being detained. If I walked through that metal detector right now, you would have to ask them to arrest me in order for them to do anything.”
He starts to defer responsibility to the officers. They emphasize that no – they have no issue with me and they are only acting on his behalf. It is his jurisdiction. It is policy. They won’t detain me unless he tells them to.
So I emphasize the iPhone again, and ask,” So, if I were to get up, walk through the metal detector, and not have it go off, would you still have them arrest me?”
The Supervisor answers, “I can’t answer that question. That is no longer an option because you were selected for the Backscatter.”
“Well you can answer the question because it is a yes or no question. If I got up and left, would you have them arrest me?”
“I can’t answer that question.”
The moods have changed. The cops are now frustrated with him because he’s pawning off his decision-making responsibility to them. He’s stopping what is clearly a logical solution to the problem. Meanwhile, the Supervisor is just growing more and more furious with me.
In another deferment of responsibility (which he probably thought was an intimidation factor), “Well then I guess I’m just going to have to call the FSD.”
Unphased, I ask, “What’s the FSD?”
“The Federal Security Director.” And he walks away.
I can see him talking on the phone to the FSD – a man apparently named Paul – and I can only catch parts of the conversation:
• “No, he’s been perfectly polite…”He walks over to Old Cop and hands him the phone. I can hear similar sound bites. They hang up, deliberate some more, and then wait some more.
• “We tried that…”
• “All he said was … Constitutional rights”
Meanwhile, I’m typing away on my computer. Answering emails, working on my Excel model – things that I would have done at home regardless.
The Supervisor walks over and stands uncomfortably close to me. After typing for a bit more, I look up. His voice shakes, “I don’t know if I ever introduced myself.” He pulls out his badge. “My name is XXX XXX. Here is my badge. Now, I’ve shown you my credentials.”
Ah – he’s gotten the Miranda talk. I hide my smile.
“Here’s what we’re going to do. I’m going to escort you out of the terminal to the public area. You are to stay with me at all times. Do you understand?”
“Will I be touched?”
“I can’t guarantee that, but I am going to escort you out.”
“OK. I will do this. But I will restate that I still do not give you permission to touch my genitals or the surrounding area. If you do, I will still consider it assault.”
“I understand.”
And then came the most ridiculous scene of which I’ve ever been a part. I gather my things – jacket, scarf, hat, briefcase, chocolates. We walk over to the staff entrance and he scans his badge to let me through. We walk down the long hallway that led back to the baggage claim area. We skip the escalators and moving walkways. As we walk, there are TSA officials stationed at apparent checkpoints along the route. As we pass them, they form part of the circle that is around me. By the end of the walk, I count 13 TSA officials and 2 uniformed police officers forming a circle around me. We reach the baggage claim area, and everyone stops at the orange line. The Supervisor grunts, “Have a nice day,” and leaves.
In order to enter the USA, I was never touched, I was never “Backscatted,” and I was never metal detected. In the end, it took 2.5 hours, but I proved that it is possible. I’m looking forward to my next flight on Wednesday.
Great read. n&v. Bravo
Either Don’t Fly or Demand Respect for your rights.
Obama’s America
We have a right health care at others expense but no right to not having our genitals touched.
“....for the first time in my life I am proud of my country...”
My experiences have been the same as yours. Same with my fellow workers.
see post #37
I too have flown into CVG from Europe. That was a few years back but after 9-11. You clear U.S. customs upon arrival but at the time TSA was no where to be seen. Granted you have to transit a secure area to get to the main terminal and the exit, but so do domestic travelers whether they are transferring to another flight, or have arrived at their final destination. In either case they don't have to deal with the TSA unless they exit the security area and want to return. I'm perplexed as to why TSA treats arriving international passengers differently. Am I missing something here?
If everyone did this do you know what the bureaucrats would do?
Grope ‘n Change
American TSA
http://www.youtube.com/watch?v=FH__rJ0uqYA
Japanese TSA
http://www.youtube.com/watch?v=6Vm7OF-Ruxs
We need a few hundred other patriots taking similar actions. Knowledge of the Constitution, current law, and respectful attitude being prerequisites.
Hey we got a lax physical border with Mexico, why would flying in be any different.
I just returned from Europe last Friday, and went through customs in Chicago. All international arrivals go through their isolated Terminal 5. You go through customs, which I was able to do by answering one or two brief questions, and then pick up your luggage. If you have a connecting flight, which I did, you can re-check your luggage without a lot of issues. After Customs and re-checking luggage in Terminal 5, I boarded a train to another terminal, where I once again had to go through security. Aside from the basic metal detectors and removal of shoes, belts and laptops, I wasn't asked to do anything unusual. No Backscatter machines or pat-downs.
New Slogans From Airport TSA Offices Across The Nation
Can’t See London, Can’t See France, Unless We See Your Underpants.
Grope Discounts Available.
If We Did Our Job Any Better, We’d Have To Buy You Dinner First.
Only We Know If Lady Gaga Is Really A Lady.
Don’t Worry, My Hands Are Still Warm From The Last Guy.
Throw A Few Back At The Airport Chili’s And You Won’t Even Notice.
Wanna Fly? Drop Your Fly.
We’ve Handled More Balls Than Barney Frank
We Are Now Free To Move About Your Pants
We Rub You The Wrong Way, So You Can Be On Your Way.
It’s Not A Grope. It’s A Freedom Pat.
When In Doubt, We Make You Whip It Out.
TSA: Touchin’, Squeezin’, Arrestin’
You Were A Virgin.
We Handle More Packages Than The USPS
The TSA Isn’t Silly, They Just Want To Inspect Your Willy
Stroke Of The Hand, Law Of The Land
No Shirt, No Shoes, No Problem
Can anyone justify TSA inspection of people leaving flights? Trying to leave the airport? Who were already scanned before boarding the flight? Who have already cleared immigration and custom controls?
How are these people going to bomb a plane without passing back through security?
This has degenerated into a pure power play by the TSA.
Bravo!
I’m always interested in seeing someone trying to prove a point. I’m also interested in the truthfulness of the account; difficult for me to believe one would go to these lengths after an international flight just because they had time to kill. What the author doesn’t seem to consider are the consequences and he apparently has never heard of the “no-fly list”. And next time there may be no question of having his delicate genitals touched, because they’re going to have to pull them out of the way for the body cavity search.
We are progressively turning in the Soviet Union of American Socialist States. It’s a bloody outrage. F’em, I refuse to fly!
You haven’t flow out of France, I see.
My assumption is that leaving the international concourse you’re dumped onto a domestic one, and when you enter a domestic concourse, you have to be screened. The issue (if there is one) seem to have more to do with the airport layout than anything else - e.g. only certain gates being able to accommodate larger aircraft.
When you arrive from an international flight, you have to pick up your baggage BEFORE going though customs. Looking at the link, the security check is required for those that are continuing on connecting flights but since they are co-mingled with those that are leaving the airport, all are checked.
http://www.cvgairport.com/terminals/abroad.html
The NKI has a different layout. Connecting passengers go through security right after their incoming customs checks. Exiting passenger go through that same portal. Exiting passengers leave the secure area at some point AFTER they get rechecked.
This ABC propaganda article has this headline.
http://abcnews.go.com/Travel/tsa-responds-passenger-outrages-underwear-search-happen/story?id=12208932
White House: Terrorists Have Discussed Use of Prosthetics to Conceal Explosives
Why don’t the Feds target members of the religion of peace for searches? I wish the Feds would answer that simple question. Oh, I forgot! Americans are the terrorists and the terrorists are really peaceful.
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