Originally Posted by
chollie
This has been touched on before, in this forum and elsewhere.
If I tell the TDC that I have no ID (or he/she declines to accept the ID I present for some reason), Gilmore vs. Gonzalez says they have to offer me alternative screening.
That alternative screening can include (and has) a rigorous 'bag check'. If ID turns up during the bag check, TSA now has evidence that I lied when I said I had no ID. That, of course, will probably be construed as 'interfering with the screening process' at the very least, and I would be quite surprised if LEOs weren't summoned.
TSA would claim that the bag search was just part of a cautionary random procedure applied to pax without ID. It would be another (bogus) example of "we're not authorized to look for it, but if we find it, we have to tell someone".
As far as I know, I haven't heard any anecdotes of someone testing GvG a the checkpoint, but I wouldn't lie about my ID, I would say that I decline to show ID, as established in the Gilmore v. Gonzalez case. Or in the case of a domestic flight, I could check it after presenting it to the airline staff.
I wonder if it would make it easier or harder to get through the checkpoint if I assert that I am exercising my right to opt for a secondary screening in lieu of showing ID. I wonder how DFW TSA would respond to someone who said, "No, I don't particularly need to fly today, it's a leisure trip, and I care more about making sure that TSA is still adhering to procedures approved by the Supreme Court."
Originally Posted by
RadioGirl
But none of the those court cases have actually stopped the TSA from overstepping such a limit. They continue with ID checks, and the name game, and the BDO farce, and reading (and
confiscating) passenger's papers, none of which have anything to do with the search for WEI.
There have been some very explicit court decisions that have set limits, it's just that no one seems to test them / sue the TSA when they overstep those limits. Or maybe they do, but the courts are slowwwww....
Aukai set specific limits, Gilmore set specific limits, Bierfeldt was settled but also set specific limits. Of course, I wonder if Kathy Parker ever sued after TSA violated that settlement...
This is the latest thing I could find on the
George case - pdf warning (Arabic flashcards), but it looks like it is proceeding. The motions to dismiss were denied and the judge opened the case up for discovery. (!!) That's the first TSA case I've heard of allowing discovery.