FlyerTalk Forums - View Single Post - My plan: a negotiated conditional patdown
Old Nov 27, 2010 | 11:06 am
  #16  
gojirasan
 
Join Date: Dec 2007
Posts: 629
To clarify, I would fully expect that dialog to end in my being escorted from the airport by an LEO eventually. I am assuming the result would be a Double Opt Out (the same as the "don't touch my junk" guy). The only difference is I would remind them that I am not in fact opting out of the patdown. They can go ahead with it if they feel it is legal and are not worried about any criminal charges. It's a subtle difference. I would be doing it as an experiment to see how much I can warn them without stopping them from actually doing the patdown. Phrases like "I will consent to any further reasonable search in order to get on my flight, but I will not consent to Indecent Assault and Battery, MGL Chapter 265 Section 13H.

The next time (after rescheduling my flight) I would just say nothing at all when the TSO told me what he was about to do and if he goes ahead and "touches my junk" I would immediately call over an LEO and press charges for indecent assault and battery. And yes that would mean missing my flight and going to the police station. I would assume that the TSO's attorney would go with the "implied consent" defense so these sorts of subtle consent issues might make a difference in getting a conviction.
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