What if the TSO performing the enhanced patdown is gay?
#76
Join Date: Dec 2010
Posts: 2,425
The irony is, as BoggieDog pointed out, we have to wait on these criminal cases (what's legal on an INMATE in a PRISON) and hope innocent travelers can get at least a similar protection!
#77
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,094
Well, the court didn't specifically address searching travelers. So this was just my drawing a connection.
But both situations involve the scope of authority of law enforcement officers, gender, and Fourth Amendment rights. (As well as rights to privacy and other Constitutional rights.)
But both situations involve the scope of authority of law enforcement officers, gender, and Fourth Amendment rights. (As well as rights to privacy and other Constitutional rights.)
Your connection did and is inappropriate.
#79
Join Date: Dec 2010
Location: RDU
Posts: 263
If they weren't sex offenders before they were hired, then they became sex offenders after their first passenger genital rubdown, or viewed a child naked in the private AIT-peek-booth.
#80
Join Date: Feb 2010
Location: US
Programs: (PM)AA SPG (Marriott), Hilton
Posts: 1,040
Regrettably, a lot of case law seems to come from extreme cases, rather than the mundane everyday civil rights violations. Or as it's put otherwise, "Bad cases make bad laws"
#81
Join Date: Oct 2009
Programs: AA, DL
Posts: 326
But seems I may not be the only FTer who disagrees with you.
New Ruling in the Ninth Circuit on Cross-Gender Searches
Is your "screener" male or female?
#82
Suspended
Join Date: Sep 2006
Programs: AAdvantage PP
Posts: 13,913
I can't think of any TSA employee doing pat downs and getting a "sexual" thrill out of it. Moreover, despite the newsreports, I doubt that most will go too far (in other words touching your junk because they want to or can). And finally how do you know that the screener is gay. Despite red neck stereotypes, most gay men are "masculine" in nature.
#83
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,094
Thanks for sharing.
But seems I may not be the only FTer who disagrees with you.
New Ruling in the Ninth Circuit on Cross-Gender Searches
Is your "screener" male or female?
But seems I may not be the only FTer who disagrees with you.
New Ruling in the Ninth Circuit on Cross-Gender Searches
Is your "screener" male or female?
My argument is not the gender of the screener. It is the comparison of law abiding citizens going about their business of traveling to actions taken against convicted criminals.
Even in the case of prisoners I personally believe the friskings should be conducted by a person of the same sex. The reality is that federal correctional facilities are staffed by both men and women in every area.
I have little sympathy for felons in prison but I know that they have more rights than you do when going through a TSA Screening.
I don't think any person should get a frisking unless they are suspected of a criminal act and are being taken into custody, or if the person has been convicted of a crime and is incarcerated then certain situations will lead to frisking.
Even in prison (one is about 75 yards from my desk) getting frisked is limited to very specific situations and what TSA is doing to the general public, who want nothing more to exercise their right to travel, would result in Correctional Officers being brought up on charges.
If these frisks that TSA subjects the public to cannot be done to convicted criminals then how can anyone make a case that doing it someone wanting to fly is ok?
Going to an airport in order to spend money with a private corporation does not meet that threshold and should never lead to a frisking unless some very clear reasons are presented to do so.
I truly believe that TSA is out of line in this area and those TSA employees who are conducting these actions should be held legally accountable for violating the civil rights of travelers.