Kicked Out of FLL! The Double Opt-Out

Old Sep 4, 11, 4:27 pm
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Lightbulb Kicked Out of FLL! The Double Opt-Out

Hi All!

Love from Reno, NV, after spending a week at Burning Man. I hear the forum was down during my vacation, so good timing.

My trip was delayed by about 10 hours after the TSA refused me access to my gate at Ft. Lauderdale-Hollywood International Airport. After my first failed SDOO attempt, I opted out of the nude body scanner and informed the airport security screener that I consent to a pat down so long as they would not touch my genitals or buttocks. That apparently wouldn't do, and after calling a LEO and TSM, threatening me with arrest, fine, and forcible search, they told me I could go.

I then rented a car, drove 2 hours to the nearest NoS-free airport (RSW), where the quite friendly airport security screeners gave me no hassle. Of course, a terrorist who was intent on blowing up a plane but feared the x-rays would never have thought of this. US Airlines, despite ruining the last trip I took with them, reaccommodated at no charge.

I have an audio recording () and have already sent in an FOIA request for the video. I'll enhance the audio and synchronize it with the video and post on YouTube when they send it.

Details:
http://tsaoutofourpants.wordpress.co...ouble-opt-out/

More Details & Existing Discussion:
http://travelunderground.org/index.p...e-opt-out.832/

--Jon
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Old Sep 4, 11, 4:38 pm
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Way to stay calm. good luck!
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Old Sep 4, 11, 4:42 pm
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p.s. ON a whim, my SIL bought the domain name "dontouchmyjunk" or something like that a while back; I bet she'd sell it cheap!
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Old Sep 4, 11, 7:01 pm
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I read your report, what I do is put everything that is on my person, including my wallet in my carry on and lock it to prevent anyone from opening it without my permission.

As far as I know at the checkpoint the TSA cannot break open the locks to gain entry into carry onís like they can do to checked luggage, which can be opened without your permission . All they can do is deny entry into the secure area of the terminal for that item if they cannot open it or you refuse to give them permission to open it to inspect the contents, but they can do an ETD of the external areas of the carry onís.

In this case they opened and inspected the contents only because you refused to comply with their patdown, not because they spotted something suspicious on the x-ray, but for retaliation.

What the LEO would have done at this point is up to them, but I would think as long as the carry on passed x-ray and ETD tests, there should be no reason for the TSA to open it.

Mr. Elliott
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Old Sep 4, 11, 7:39 pm
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I'd be very careful with this one. I don't know of any incidents of the TSA forcibly opening locks at the checkpoint, but I also don't know of any court cases prohibiting them from doing so. The closest I know of is a case where the person asked the TSA to stop seaching his belongings, the TSA refused, and then the TSA found drugs. The Court of Appeals upheld this search. If one would like to test this, hypothetically one could buy a fully-refundable ticket on a day that one does not intend to travel, empty a bag, place the Constitution inside, lock it, then proceed through either a WTMD or NoS with your keys in your pocket. This will trigger secondary which comes with the ETD, and I think it highly likely they ask to open it to perform the ETD. If they open it, file a 4th Amendment suit in US District Court. Disclaimer: I make no warranty that they won't try to charge you with something (interfering with the screening process, for example) if you admit that you were just testing, and therefore do not suggest that one actually do this hypothetical exercise.

The luggage inspection I encountered was definitely retaliatory. I've never seen luggage inspected so thoroughly at any airport checkpoint anywhere. Those guys were just itching to find contraband. I think it is their honest belief that if someone is turning down a search, they have something to hide.

Originally Posted by Mr. Elliott View Post
As far as I know at the checkpoint the TSA cannot break open the locks to gain entry into carry on’s like they can do to checked luggage, which can be opened without your permission .
--Jon
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Old Sep 4, 11, 7:56 pm
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Originally Posted by Affection View Post
I'd be very careful with this one. I don't know of any incidents of the TSA forcibly opening locks at the checkpoint, but I also don't know of any court cases prohibiting them from doing so. The closest I know of is a case where the person asked the TSA to stop seaching his belongings, the TSA refused, and then the TSA found drugs. The Court of Appeals upheld this search. If one would like to test this, hypothetically one could buy a fully-refundable ticket on a day that one does not intend to travel, empty a bag, place the Constitution inside, lock it, then proceed through either a WTMD or NoS with your keys in your pocket. This will trigger secondary which comes with the ETD, and I think it highly likely they ask to open it to perform the ETD. If they open it, file a 4th Amendment suit in US District Court. Disclaimer: I make no warranty that they won't try to charge you with something (interfering with the screening process, for example) if you admit that you were just testing, and therefore do not suggest that one actually do this hypothetical exercise.

The luggage inspection I encountered was definitely retaliatory. I've never seen luggage inspected so thoroughly at any airport checkpoint anywhere. Those guys were just itching to find contraband. I think it is their honest belief that if someone is turning down a search, they have something to hide.



--Jon
I put zip ties on my bag. The only time they wanted to open it they put it in front of me and asked if it was okay to cut it.
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Old Sep 4, 11, 8:22 pm
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Originally Posted by Affection View Post
I'd be very careful with this one. I don't know of any incidents of the TSA forcibly opening locks at the checkpoint, but I also don't know of any court cases prohibiting them from doing so. The closest I know of is a case where the person asked the TSA to stop seaching his belongings, the TSA refused, and then the TSA found drugs. The Court of Appeals upheld this search.
That was the one where the person hid drugs in aluminum foil in his socks, right? Although he declined permission for the subsequent search, he didn't take any steps to physically prevent it. The fact that the court denied his supression motion in that situation says absolutely nothing about the situation where physical steps were taken to prevent further search.
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Old Sep 9, 11, 6:53 pm
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Just a note that I posted the audio. Same link as usual (below).

Also, if you have a chance and would like to help, take a quick moment and submit the link to Drudge via their news tip form towards the bottom right of drudgereport.com, letting them know that someone caught a TSA manager on tape admitting that the pat-downs require touching one's genitals and buttocks, and then threatening a passenger with arrest if he does not comply.

--Jon
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Old Sep 10, 11, 10:07 am
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Originally Posted by Affection View Post
Just a note that I posted the audio. Same link as usual (below).

Also, if you have a chance and would like to help, take a quick moment and submit the link to Drudge via their news tip form towards the bottom right of drudgereport.com, letting them know that someone caught a TSA manager on tape admitting that the pat-downs require touching one's genitals and buttocks, and then threatening a passenger with arrest if he does not comply.

--Jon
Where is the link to the audio?
rgfloor is offline  

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