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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: Mike Evers

This is maddening as Hades, but what about the dad-gum vans that can see inside homes and cars? Where is the outrage for those?
At least when you go to the airport, you expect this garbage. Is this merely a distraction for more loss of privacy, even in our homes?


221 posted on 11/17/2010 3:28:53 PM PST by texteacher
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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: Reagan69

>> Accuse them of taking stuff from your bag.<<

False accusations would lower you to their level. Is that what you want?


223 posted on 11/17/2010 3:42:37 PM PST by B4Ranch (Conflict is inevitable; Combat is an option. Train for the fight.)
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To: FS11

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.

____________________________________

As I posted above and have now dubbed “Operation Dinner Out”:

“Not enough. We need our TEA Party people to express order “Don’t Touch My Junk” t-shirts and visit their local airport- shop, eat, visit the news stand, etc. for a bit of civil disobedience that is perfectly legal. If the t-shirts take to long to arrive, plenty of cities have places that can make them.”

If the TEA Party can’t organize a group dinner out, we can certainly get t-shirts for our families and wear them out to dinner at restaurants in our local airports, and afterwards browse the airport shops. It would be a visible protest without the connotation of a typical protest and we’d get our message out.


224 posted on 11/17/2010 3:43:44 PM PST by pops88
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To: Xenalyte
“Let’s try to stay away from the what-if and stick to the reality, which is horrendous enough.”

Well, having traveled over 150K miles this year, I can tell you, it is apparent that many TSA “males” are homosexuals.

What to do if you are a male about to be groped by a male TSA mouth-breather that is wearing ear-rings, eye-shadow, lip-stick? (I have seen several TSA males made-up like this). What about the reverse? What of this issue of "same sex" groping? Why have a same-sex grope requirement if the "gender" is not the same? Seriously.

225 posted on 11/17/2010 3:46:11 PM PST by Hulka
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To: luckybogey

“to make commercial air travel safer and to restore the public’s confidence in the security of our Nation’s airway and airports.”

I submit that the feds failed in both regards. Failed miserably, especially when it comes to restoring confidence. Their efforts have had the reverse affect.


226 posted on 11/17/2010 3:49:20 PM PST by Hulka
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To: The Pack Knight
This is complete BS, but I shouldn't be surprised at this decision from the 9th Circus.

Oh wow. I just read US v. Aukai. The 9th circuit really screwed up.

The case was about whether contraband found during the search was admissible in court. The guy tried to take a meth pipe through security.

But, the 9th circuit ignored their own precedent: US v. Davis (airport screening searches are “valid only if they recognize the right of a person to avoid search by electing not to board the aircraft”) and US v. Homburg (“a party may revoke his consent to be searched any time prior to boarding the plane, even when he has passed beyond the initial screening point, if he agrees to leave the boarding area”).

They reversed on the basis of US v. Biswell, in which the Supreme Court upheld the warrantless search of a pawn shop's gun storeroom. The Court said that 18 USC 923(g) authorized the search -- and it does. You basically agree to that if you have an FFL.

But, here's where the 9th circuit screwed up. They claimed that airport screening searches are mandated by 49 USC 44901, and therefore that makes them compulsory.

Here's what 49 USC 44901 actually says:

(a) In General.— The Under Secretary of Transportation for Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation.

Emphasis is mine. And that's the operative phrase: passengers that will be carried, not may be carried. The moment you decline to take the flight, this federal law no longer applies. They have no grounds to search you.

227 posted on 11/17/2010 3:50:26 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: Never on my watch
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.

LOL/ for your 'one liner'. . .

228 posted on 11/17/2010 4:01:42 PM PST by cricket (Osama - NOT made in the USA. . .and Obama, not made in the USA either. . .)
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To: cricket; Paladin2
To: Paladin2

Mix with linseed oil to make a paint and paint a message on underwear for the TSA to read in their X-ray scanners. LOL/ Just don't write 'Atom Bomb'. . .am doubting even a 'happy face' would not be considered provative/sigh.

197 posted on Wednesday, November 17, 2010 3:53:14 PM by cricket.

How aboout "Atom Bum"

229 posted on 11/17/2010 4:01:42 PM PST by Grammy
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To: Mike Evers; oneprojectusa; Woebama; Maggiegoo; seekthetruth; springloans; spunky lady; ...

FLORIDA FREEPER PING in support of our friend Mike!


230 posted on 11/17/2010 4:02:33 PM PST by seekthetruth (Winners don't compromise, Losers Do!)
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To: MindBender26

Every single time we fly we get ‘selected’ for the extra security check. Hubby did 2 tours in Nam, thx for explaining it. The only problem for them is I did not serve so I bitch rudely and loudly. Hubby just stands back and smiles lol


231 posted on 11/17/2010 4:04:19 PM PST by sheana
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To: Pyro7480

Good one. . .great sticker to id your luggage. . .


232 posted on 11/17/2010 4:06:04 PM PST by cricket (Osama - NOT made in the USA. . .and Obama, not made in the USA either. . .)
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To: Pyro7480

Good one. . .great sticker to id your luggage. . .


233 posted on 11/17/2010 4:06:12 PM PST by cricket (Osama - NOT made in the USA. . .and Obama, not made in the USA either. . .)
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To: Grammy
How aboout "Atom Bum"

Oh, that IS the best. . .LOL/

234 posted on 11/17/2010 4:10:14 PM PST by cricket (Osama - NOT made in the USA. . .and Obama, not made in the USA either. . .)
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To: Mike Evers
A good evening bump to you.

5.56mm

235 posted on 11/17/2010 4:11:59 PM PST by M Kehoe
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To: Grammy

Atmy Bum.


236 posted on 11/17/2010 4:12:13 PM PST by Paladin2
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To: The Pack Knight; ponygirl; hattend; Reagan69; kcvl; Mike Evers
Posted on another thread:

http://www.pennandteller.com/03/coolstuff/penniphile/roadpennfederalvip.html

This is a posting on 11/13 from Penn Jillette, of Penn and Teller:

Last Thursday I was flying to LA on the Midnight flight. I went through security my usual sour stuff. I beeped, of course, and was shuttled to the "toss-em" line. A security guy came over. I assumed the position. I had a button up shirt on that was untucked. He reached around while he was behind me and grabbed around my front pocket. I guess he was going for my flashlight, but the area could have loosely been called "crotch." I said, "You have to ask me before you touch me or it's assault."

He said, "Once you cross that line, I can do whatever I want."

I said that wasn't true. I say that I have the option of saying no and not flying. He said, "Are you going to let me search you, or do I just throw you out?"

I said, "Finish up, and then call the police please."


Follow the link above to read the rest. It's really interesting.
237 posted on 11/17/2010 4:13:49 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: MindBender26

You betcha! And Mike wowed the crouds in Sarasota and Orlando! I know as I was there! :)


238 posted on 11/17/2010 4:17:24 PM PST by seekthetruth (Winners don't compromise, Losers Do!)
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To: MindBender26

You betcha! And Mike wowed the crowds in Sarasota and Orlando! I know as I was there! :)


239 posted on 11/17/2010 4:17:55 PM PST by seekthetruth (Winners don't compromise, Losers Do!)
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To: moehoward
This crap has everything to do with keeping the sheeple in line and ZERO to do with safety.

Absolutely; and get more and more angry, each time I hear some sheeple butt, offer that this is the price of 'security'. It is not; it IS the price of totalitarian Progressivism and enemy appeasement by Political Correctnes and no question, we are well beyond the 'nudge' stage. . .

The terrorists roam free; and if not; they remain free from authentic Justice; and 'we the people' are being made the citizen terror perps and slaves.

Never let a crisis go to waste. . . and this is one of the worst, escalating examples. One thing is certain; it WILL get worse; before it get's better.

240 posted on 11/17/2010 4:22:08 PM PST by cricket (Osama - NOT made in the USA. . .and Obama, not made in the USA either. . .)
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