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Old Jul 11, 2012 | 1:57 am
  #38  
medic51vrf
 
Join Date: Jun 2012
Location: MEL, PER, PBO, occasionally ships, oil rigs and other places that no sane human being should ever find themselves
Programs: IHG RA, PC Plat, QF Plat/LTS
Posts: 804
Originally Posted by lovely15
Consent to search and consent to assault/battery are two different things, IMO. You'll never convince me that I can legally consent to the latter two.
If you're consenting it's, by definition, not battery. In the United States a generic definition of battery is "the use of force against another, resulting in harmful or offensive contact." Therefore, if you've consented you do not find such conduct offensive. Take a person punching another for example. If you were to walk up to me and punch me in the face and I found that harmful or offensive it would be battery. However, if we were in a boxing ring and we were both consenting, it was not illegal, harmful or offensive then it would not be.

Regarding implied consent, I'd have to say that knowingly entering the screening area would be considered implied consent. You don't HAVE to give consent, but if you don't you don't pass through the area and you don't fly. Same same with the explosive residue swabs. Once when I was asked if it was ok for them to do the test I asked "What if I say no?" The response was "That's within your rights but if you choose to exercise those rights you can't pass beyond this point."

Originally Posted by lg10
Our policies and procedures focus on ensuring that all passengers are treated with dignity, respect, and courtesy.

TSA Contact Center
....
Yeah... RIGHT...
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