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Old Jun 18, 09, 9:25 pm   #1
Ari
 
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ACLU Sues DHS Over Unlawful TSA Searches And Detention (STL $4,700 Incident)

http://www.aclu.org/safefree/general...s20090618.html
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Old Jun 18, 09, 9:27 pm   #2
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Outstanding! I hope DHS/TSA goes down big time on this one.

"Airport searches are the most common encounters between Americans and law enforcement agents. That's why it is so important for TSA agents to do the job they were trained to do and not engage in fishing expeditions that do nothing to promote flight safety," said Ben Wizner, a staff attorney with the ACLU National Security Project."

That pretty much sums up the entire experience at the checkpoint:

fishing expeditions that do nothing to promote flight safety
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Old Jun 18, 09, 9:29 pm   #3
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Good.
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Old Jun 18, 09, 9:30 pm   #4
 
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I applaud this. I look forward to the court decision. I don't think we ought to focus our efforts on cash when there are many legitimate reasons for passengers to possess large amounts of cash.

Sorry to disappoint you, Spiff, but this won't bring down DHS or TSA.

Cute comment, though. You score a 5 on the laugh-o-meter!
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Old Jun 18, 09, 9:44 pm   #5
 
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I can't wait to see how this plays out. With the entire incindent recorded the TSA legal staff is going to have hard time justifying this as national security. I have no doubt that Francine will be searching Google around the clock for answers.

Last edited by magellan315; Jun 19, 09 at 4:50 am.
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Old Jun 18, 09, 10:12 pm   #6
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Quote:
Originally Posted by Bart View Post
Sorry to disappoint you, Spiff, but this won't bring down DHS or TSA.
While Spiff may want the demise of DHS and the TSA in general, he did say "I hope DHS/TSA goes down big time on this one" in his post. (emphasis added).

I, too, await Francine's answer-- this time I don't think a blog post plus hiding will suffice.
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Old Jun 18, 09, 10:18 pm   #7
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Quote:
Originally Posted by Bart View Post
I applaud this. I look forward to the court decision. I don't think we ought to focus our efforts on cash when there are many legitimate reasons for passengers to possess large amounts of cash.

Sorry to disappoint you, Spiff, but this won't bring down DHS or TSA.

Cute comment, though. You score a 5 on the laugh-o-meter!
Hope that's out of 10. It's hardly my best material.

With every misstep, TSA gets closer to the death it so richly deserves.
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Old Jun 18, 09, 10:18 pm   #8
 
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I think it's time to hook up a generator to the TSA Blog. They're going to spin this so fast it will light at least ten thousand homes.
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Old Jun 18, 09, 10:20 pm   #9
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I think it's time to hook up a generator to the TSA Blog. They're going to spin this so fast it will light at least ten thousand homes.
They would be foolish to directly comment on pending litigation. Likely would be one of those "we working hard to protect....blah."
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Old Jun 18, 09, 11:24 pm   #10
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Quote:
Originally Posted by magellan315 View Post
I have no doubt that Francince will be searching Google around the clock for answers.
The Complaint quotes Francine, the Googling lawyer:

Quote:
The treatment Mr. Bierfeldt received reflects TSA policy. As TSA’s general counsel has stated on the agency’s official website, it is standard practice for TSA agents to “ask a passenger who is carrying a large sum of cash to account for the money.” Because TSA believes that its mission includes detecting “signs of criminal activity,” a TSA officer who observes “a large sum of money . . . will frequently engage in dialog with the passenger to determine whether a referral to law-enforcement authorities is warranted.”
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Old Jun 18, 09, 11:26 pm   #11
 
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Potential for some good here

We can hope that the LEO and TSA screener involved are found personally liable for a huge award. There's nothing like seeing a collegue lose his hours, car and retirement fund to focus your attention on following the law, rather than making it up on the spot. It may also help the front-line screeners question some of the nonsense that comes down from HQ.

The only better outcome would be a criminal prosecution for civil rights infringement under color of law.
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Old Jun 18, 09, 11:57 pm   #12
 
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Fan-frakking-tastic. I've been wondering what was going to come of that guy's experience.
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Old Jun 18, 09, 11:57 pm   #13
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Originally Posted by T-the-B View Post
We can hope that the LEO and TSA screener involved are found personally liable for a huge award. There's nothing like seeing a collegue lose his hours, car and retirement fund to focus your attention on following the law, rather than making it up on the spot. It may also help the front-line screeners question some of the nonsense that comes down from HQ.

The only better outcome would be a criminal prosecution for civil rights infringement under color of law.
Only one person is sued and that "person" is DHS. (Napolitano is sued in her official capacity). This is not one of those sue-everyone-in-sight lawsuits. Since the screener and police were "following orders," it is nearly impossible (in this case) to attach any personal liability, criminal or otherwise.
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Old Jun 19, 09, 12:33 am   #14
 
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Originally Posted by Ari View Post
Only one person is sued and that "person" is DHS. (Napolitano is sued in her official capacity). This is not one of those sue-everyone-in-sight lawsuits. Since the screener and police were "following orders," it is nearly impossible (in this case) to attach any personal liability, criminal or otherwise.
The TSA SOP and the LEO SOP will show that they were not following orders. Once that is established the individuals can be sued for infringing on the man's rights.

Remember the case of the guy and the t-shirt?
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Old Jun 19, 09, 12:45 am   #15
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I've had a couple unpleasant encounters with TSA at STL. They are very much substandard even by TSA's standards (is that possible?).

This is long overdue.
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