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.
Thanks very much for doing this. Unlike a most confrontations between screeners and citizens, you will have time to prepare for this one. Expect to be hassled by the cops and the TSA. With a little preparation, you can make sure the focus is on your protest and not on anything else, which will give the TSA the opportunity to deflect the discussion away from the primary purpose of your actions.
I offer some advice (not legal by any stretch of the imagination -- just "mission planning" advice):
1. In preparation for a confrontation with an airport cop, bring no other ID than the one you use for Blacklight Bob (ID Checker). Ideally, use a passport if you have one because it doesn't have your home address or any other identifying details. Erase the "emergency contact" info from your passport (if it's filled in) so they can't use that information against you. FYI, you can use your passport as an ID for domestic travel -- may of us do this routinely.
2. It would be great if you could bring a second person who could video record the encounter. There are always friends "seeing off" friends at or near a checkpoint. Just ask your friend to blend in and they should be OK.
3. Take a minimal amount of stuff through the checkpoint with you. Don't bring a wallet with anything critical in it -- DL, credit cards -- anything they could use to identify you beyond your passport. If the friend in #2 drove to the airport, you wouldn't even need a set of keys.
4. Keep aware of the information you have with you: passport, boarding pass. Do not answer any questions outside the bounds of the information you already have revealed.
5. Do not answer the question that wasn't asked. Absolutely do not admit that you are protesting the strip search/frisking. Do not admit to anything beyond what's on your ID and boarding pass. Do not admit that a friend is taping the incident. Do not admit you are on FT or that (maybe) you will post this on the internet.
6. Closely tied to #5, don't lie. This is infinitely worse than not answering questions. Not answering questions is your right. Lying isn't. Remember, however, that a cop can lie all that he/she wants.
7. Follow through by requesting a complaint form and/or take one with you. They will expect you to do this. If you don't, they might suspect that they have been "had."
Ultimately, this isn't hard. But, you must be mentally prepared, mentally tough, and keep your wits about you to remember to not deviate from the plan. You're going in with the upper hand and it's important that you keep on the offensive.