It's hard to find that opinion with Google (which comes up with just the panel opinion). I had to go to PACER to find it, but since it's an opinion, it's free to view. It's here.
I read it off their website when it came out a year ago and just happened to remember it by name. As you can see, they don't take kindly to the government trying to blur the 4th amendment. It has nothing to do with airport security, but it gives you an indication of how that court might analyze such cases.
Wow. This advice from a lawyer? Well, if the STSO is attempting to resolve a security-related matter, and the passenger refuses to cooperate, then the STSO cannot clear the individual beyond the checkpoint. At this point, the LEO must be notified to ensure the individual is escorted out of the checkpoint and back into the public area.
So, the government has taken away the forth amendment with the creation of the TSA. The 2nd amendment. The 1st amendment with the detention for the 'Kip is an idiot' freedom baggie. Now the 5th amendment?
And as far as the federal employees, yet again you accidentally stumbled across a valid predicament for congressional representatives and senators alike. I don't see any of them essentially laying off 45,000 workers during this troubled economy or at any point in the future. It's a political reality, my friend.
It wasn't an accident. I keep hoping that some day the public will get fed up with how Congress keeps growing the federal payroll, so every time I get the chance to shine a light on the tragedy Congress is complicit in creating, I will.
I'd like to hear you and Bart (and Borax, if he, too, is a TSO; I don't remember) discuss your differing opinions on whether or not questioning someone about his belongings is useful in "clearing" one of those belongings when it is a bag of white powder.
This question reminds me of something one of my professors told us in law school. She said that if every person audited by the IRS demanded to exercise their right to have their case heard in Court, the system would grind to a halt. She said IRS counts on people settling before it gets to a court stage, and would be paralyzed if they had to litigate every case.
I wonder what would happen if travelers all started carrying a small baggie of baby powder in their carry on luggage. Can you imagine what would happen at the security checkpoint?
This question reminds me of something one of my professors told us in law school. She said that if every person audited by the IRS demanded to exercise their right to have their case heard in Court, the system would grind to a halt. She said IRS counts on people settling before it gets to a court stage, and would be paralyzed if they had to litigate every case.
I wonder what would happen if travelers all started carrying a small baggie of baby powder in their carry on luggage. Can you imagine what would happen at the security checkpoint?
I suggest a baggie of oregano and one of talcum powder. Mark on the bag whats really inside.
Review the oath you took when you enlisted and/or re-enlisted. You will find that it is the exact same oath TSOs take.
You bore me.
Don't call me cupcake and I won't call you a mall cop. I also really don't care if I bore you. You disgust me.
You are the one that works for an agency that does everything possible to whittle away at the freedoms that I have risked my life for. You say you do it for security all the while hoping that the sheep in line at your checkpoint don't realize that they are being inconvenienced just so that somebody can have a job and somebody else can get re-elected.
Building one less Abrams tank will save more money than shutting down the plant that produces the tanks and the cost it takes to finance TSA screening operations.
Yes, there are ways to save tax dollars. You would think that the brain trusts infesting the halls of Congress would figure it out. Shutting down TSA wouldn't even put a dent in the federal budget.
Without getting too much into Omni-land, there are a bunch of other ways to save money, but this administration seems pretty determined to put us all into debt for generations.
Shining your light is like pissing in a windstorm, my friend.
Well,cupcake, then you need to take another walk in the woods and pay attention to what goes on out there. It's clear to me that you didn't learn the first time around.
You know, after taking a minute to think about it I realized that mall cop isn't correct. You are more like the receipt checker at Sam's club. I'm required to submit to their search but they (and you) have no real authority. So, I'm going to call you Mary in honor of the receipt checker yesterday.
So, Mary, what lesson would you hope that a walk in the woods would teach me?
Yes, there are ways to save tax dollars. You would think that the brain trusts infesting the halls of Congress would figure it out. Shutting down TSA wouldn't even put a dent in the federal budget.
True. But I've never said we should shut down TSA, just put it through some significant changes - changes that would result in a more effective but less expensive operation.
You may feel like my light is insignificant. Perhaps it is. But I won't stop shining it here and in other forums, and when I can, where I work.
