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Old Nov 10, 2010 | 1:49 pm
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janetdoe
 
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
Opt out of pat down - thought experiment

In honor of national opt out day, I am more than willing to buy an airline ticket and opt out of an X-ray scan, but I don't really want to get groped. So what would happen if I also refused a pat down?

I guess in a nutshell, my question is, if someone wanted to make a 4th Amendment test case, what would be the script?

Please no smurf and thug comments!
I know there are good and bad people in the TSA, but I'm really interested in the Constitutional/legal aspects. I know there is a chance of some TSO or cop being an a$$hole. But assuming that everyone is polite and professional, and follows official (even if secret) TSA procedures, what is the most likely script for what would happen?

  • Would I have committed any crimes?
  • At what point is TSA allowed to detain me?
  • Can they take legal action against me or physically restrain me?
  • Can I ask for a lawyer?
  • What types of ID can they require me to provide?

If this has been discussed on another website or thread, I would appreciate a link. I would LOVE it if some of our resident TSA employees could shed some light on the subject.

Once again, I am looking for thoughtful discussion of creating a test case: legal issues and Constitutional rights, not a TSA-bashing thread.
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