Originally Posted by
halls120
Oh, it does, indeed. The entire agency is riddled with "the end justifies the means" characters. TSORon "I'm more of an American" is just one of the more visible manifestations.
A couple of years ago, I happened to run into a former colleague who is now a TSA lawyer, and his transformation into brown shirted storm trooper was truly frightening.
Just as it siilly for another person to claim to something is "un-american", as if they get to define what is an isn't american. Correct?
Originally Posted by
halls120
What you cite I am fully aware of; whether you believe me or not, well that is up to you, but these individuals were acting on their own, violating TSA policy.
Whenever an organization/company has employees violate law, that does deserve to be delt with in a court, and made clear the behavior was not acceptable and illegal and/or un-constitutional.
I agree with what you cite, where cases were tossed. And, again, I will state these individuals did not follow SOP. Will anyone here belive me? I do not know - I have k ky my own intergrity to back up what I say, because as you well know I can not divulge SOP.
Originally Posted by
Trollkiller
Ok look at the SPO-7, reading the Kyllo case law there are very strong parallels between the technologies and usage. There are strong parallels between the right to privacy on something a benign as when you bathe and the right to privacy on something as benign as wearing a colostomy bag.
I would think that any lawyer wishing to remain on the right side of the Constitution would have to decide that using the SPO-7 outside of the sterile area in areas that have been ruled "public" by other case law is a bad idea.
Another instance of "damn the torpedoes" is the forced ID verification at the TDC stand. There is no statutory authority that allows for this. The TSA decided instead of fixing the statutes to reflect the authority they would ignore the issue until they are sued.
The issue could have been fixed by adding "verification of ID" to the definition of screening. Instead the TSA added code for secure flight further backing the only person that needs to see your is the airline agent.
You do know all you have cited is personal opinion? Which you are allowed to have.
Originally Posted by
Trollkiller
Look at what Nappy has said about the restriction of rights in a time of war and you see the problem goes much higher.
As one who has a casual interest in history, I am surprised you were not aware that in general she is correct.
But what I am asking for is someone to cite where TSA policy has been overturned by a court. Yes, there are cases where individual screeners violate law, but that is true of all agencies, all companies, I believe. Just cite where TSA policy was declared illegal/un-constitutional.
Not saying it will not happen...