Originally Posted by
janetdoe
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.
I am actually beginning to think of doing the same thing but I'm going to buy a refundable ticket and then refuse the scanner (gotta find out where it is at EWR) and then the grope.
Even if a cop searches you, I would imagine it would be no where near as assaultive as a TSA search. Since most airport cops are men, if they have to search a woman, it is done with the sides or the backs of their hands, never the front.