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-   -   Gate patdowns and detainment at DEN (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1282140-gate-patdowns-detainment-den.html)

RichardKenner Nov 25, 2011 7:19 pm


Originally Posted by jkhuggins (Post 17515594)
I think it's entirely possible that the TSOs performing gate screening decided to start screening passengers prior to the gate agent formally beginning boarding --- perhaps in a desire to speed up the entire process, given the frequent reports that gate screenings can delay flight departures. Unfortunately, this could lead to the bizarre situation where a passenger had completed gate screening by TSA but was not being allowed to board by the airline ... leaving them in a no-man's land.

That is indeed what I think happened from the description. And if there's an unexpected delay in boarding, it's not uncommon for a passenger to decide that they need to do something else before boarding: perhaps using the restroom or water fountain or buying food, beverage, or more reading material. I don't see the TSA has the authority to prevent those actions.

As to the issue of how often screening detects WEI, it's easy to forget that the major purpose of the checkpoints is deterrence. It's like when the police announce they'll be setting up sobriety checkpoints on a major drinking holiday: they're not doing that to catch more drunk drivers, but to discourage driving drunk.

Pesky Monkey Nov 25, 2011 7:34 pm


Originally Posted by RichardKenner (Post 17515672)
As to the issue of how often screening detects WEI, it's easy to forget that the major purpose of the checkpoints is deterrence. It's like when the police announce they'll be setting up sobriety checkpoints on a major drinking holiday: they're not doing that to catch more drunk drivers, but to discourage driving drunk.

Deterrence is irrelevant when there's no one to deter. Said deterred individuals would simply go somewhere other than an airport. Yet, we haven't seen these (seemingly thousands) of people.

halls120 Nov 25, 2011 7:46 pm


Originally Posted by jkhuggins (Post 17515594)
I think there is a reasonable alternative explanation.

I think it's entirely possible that the TSOs performing gate screening decided to start screening passengers prior to the gate agent formally beginning boarding --- perhaps in a desire to speed up the entire process, given the frequent reports that gate screenings can delay flight departures. Unfortunately, this could lead to the bizarre situation where a passenger had completed gate screening by TSA but was not being allowed to board by the airline ... leaving them in a no-man's land.

Screening passengers before the gate agent has started to board the aircraft is a manifestly stupid idea. Come to think of it, that means it's right up TSA's alley.

jtodd Nov 25, 2011 10:35 pm


Originally Posted by Pesky Monkey (Post 17515711)
Deterrence is irrelevant when there's no one to deter. Said deterred individuals would simply go somewhere other than an airport. Yet, we haven't seen these (seemingly thousands) of people.

Exactly! Let's screen for pink elephants being smuggled on the aircraft at the gate.

ScatterX Nov 25, 2011 10:43 pm


Originally Posted by halls120 (Post 17515740)
Screening passengers before the gate agent has started to board the aircraft is a manifestly stupid idea. Come to think of it, that means it's right up TSA's alley.

Bingo.


Originally Posted by jkhuggins (Post 17515594)
I think there is a reasonable alternative explanation.

I think it's entirely possible that the TSOs performing gate screening decided to start screening passengers prior to the gate agent formally beginning boarding --- perhaps in a desire to speed up the entire process, given the frequent reports that gate screenings can delay flight departures. Unfortunately, this could lead to the bizarre situation where a passenger had completed gate screening by TSA but was not being allowed to board by the airline ... leaving them in a no-man's land.

Bingo.


Originally Posted by TSORon (Post 17515036)
Your “goal posts” were inappropriately placed in the first post it seems. Gate Screening is done immediately prior to the last boarding pass check inside the terminal, while the passengers are queuing up to board the aircraft. Once the screening is completed, the passenger has the gate agent verify their boarding pass and the passenger then walks down the jetway to their aircraft.

No bingo.

These people were screened 10 minutes before boarding began. There was absolutely no possibility for them to get on the plane. Feel free to introduce your own facts and then argue about a different situation, but that is a good working definition of moving the goalposts.


Originally Posted by TSORon (Post 17515036)
Leave? And go where, Disneyland? Long walk off a short pier?

I presume the man wanted to go back and stand in line next to what I assume was his daughter. The woman certainly wanted to get back in line.


Originally Posted by TSORon (Post 17515036)
Maybe we have different ideas of what “gate screening” actually is. Could be that your hypothetical person misinterpreted what was happening and underwent some other form of screening, not actual “gate screening”.

Let's call it procedure X. Numerous people were screened. At least the two I was close enough to hear specifically asked if they could leave (e.g. get back in line) and were told they could not. There was no possibility to get on a plane because a gate agent wasn't even present at that time. They were forced to stay in a pen.

Hypothetical person? Classy.


Originally Posted by TSORon (Post 17515036)
As I said, screening neither begins nor ends at the TSA checkpoint. There is far more to the screening process than you seem to be aware of. It’s a “process”, and a fairly lengthy one at that.

And the Sky is blue. What does the fact that TSA invades our privacy before during and after have to do with this specific topic?


Originally Posted by TSORon (Post 17515036)
You can take what I have written as far out of context as you like, it’s not going to make your interpretation of what happened accurate. When you start off with a false premise then you naturally will most likely end up with an incorrect conclusion.

It never happened. Got it.


Originally Posted by TSORon (Post 17515036)
Only if you subscribe to scatterX’s interpretation of the events. As I stated to him/her, his/her understanding of the events is seriously lacking.

I am a male. You might have figured that out by the number of times I've complained about having some clerk rubbing MY BALLS.

My understanding of this event is pretty simple. Multiple people got rubbed all over their body by a couple of people in blue shirts. The first two gropees wanted to get back in line and wait to board with the people they were traveling with. TSA would not let them. I'm pretty sure that I'm capable of interpreting an event such as this occurring less than 5 feet away.

May I ask how you are interpreting an event that you didn't witness?


Originally Posted by TSORon (Post 17515036)
And that activity should be going to the gate agent, getting final clearance to board the aircraft, and then doing so. “Gate Screening” is done at the boarding gate. For this theoretical passenger to have experienced what scatter (or the OP) describes would not have been gate screening. Therefore one of the two is mistaking “gate screening” for something else entirely. False premise, false conclusion.

Like I said, let's call this procedure X. Care to comment on the situation without introducing your own, far more enlightened, facts about an event you never witnessed?


Originally Posted by TSORon (Post 17515036)
For this theoretical passenger...

Still classy I see.


Originally Posted by TSORon (Post 17515036)
what scatter (or the OP) describes...

ScatterX (that's me; the guy that actually witnessed this event) is the OP (the one who described the event in the original post (aka OP).

You might want to go see a civil engineer and get your attention span checked.

ScatterX Nov 25, 2011 10:47 pm


Originally Posted by jtodd (Post 17516197)
Exactly! Let's screen for pink elephants being smuggled on the aircraft at the gate.

TSA is already screening for them. The process is far more comprehensive that any of us idiots and hallucinators can imagine.

Obviously it's working. I haven't heard of a single pink elephant trying to sneak on a plane yet.

WillCAD Nov 26, 2011 5:35 am


Originally Posted by TSORon (Post 17511077)
Not a clue. My airport does not use holding areas outside of the actual checkpoint. I can see where it might precipitate a LEO response, and even more wasted time on your part, but I can’t foresee anything more significant happening.

Why a LEO response? If TSOs have no authority to detain, and a traveler leaves when a TSO says, "Stay," then the traveler has broken no law, rule, or reg, since the TSO has, by your own admission, no authority to force anyone to stay anywhere.


Originally Posted by TSORon (Post 17511077)
TSO’s do not have the authority to detain anyone for anything. Telling someone to stay in a certain area so that the screening process can be completed is not detaining them, its keeping them at hand for screening purposes or ensuring that unscreened individuals do not mix with screened. You are assuming that it is illegal, yet it is not. TSA’s authority extends throughout the sterile areas, the secured areas, and the SIDA areas of all commercial airports in the USA, not just the checkpoint. Keeping the screened passengers separate from the unscreened passengers is a solid security concept, and a good practice.

Telling someone to stay in a certain place, under threat, coercion, or color of authority, fits the legal definition of "detain", and since TSOs have no authority to detain anyone, then by definition we are all free to go whenever a TSO says, "Stay."


Originally Posted by TSORon (Post 17511077)
No. They acknowledge that no “system” is perfect, and that the best way to address those imperfections is to add additional layers to the system in an unpredictable pattern.

A system in which most of the layers consist of "random" selection is like trying to build a boat out of multiple layers of mesh; the idea is that the holes in the mesh will not line up and if you add enough layers, the water won't get through. But in practical application, you can never add enough layers of mesh to make the boat even close to watertight, and it will sink like a stone when you put it in a lake.


Originally Posted by TSORon (Post 17511077)
There is no way to prove intent, and just saying that you have “evil intent” is not enough. TSA’s reaction would most likely be to involve law enforcement. Most likely you are going to miss your flight, and while to some it may seem “logical” to blame that on the TSA, the blame for missing the flight must land squarely on the shoulders of the passenger who makes such a decision. I don’t believe that you will find any airport in the USA that has a sign that says screening ends at the checkpoint. The fact is that screening for every single passenger begins the moment they make a reservation for a flight, or attempt to buy a last minute ticket.

If there's no way to prove intent, why is TSA spending millions of dollars per year to stink up the joint with their rank BDO?

Intent is an integral part of the criminal justice system, but intent can only be proven by examining a person's actions, not by reading their minds with unproven pseudo-scientific voodoo.

And if TSA has so little confidence in the "layers" of screening that exist at the checkpoint that they feel the need to harass me yet again at the gate with another un-Constitutional physical violation, and an illegal detention, then YES, the blame rests solely with TSA and its incompetence at the checkpoint, it's ever-expanding desire to treat innocent people like criminal suspects without warrant, probable cause, or articulable suspicion, and it's belligerent and adversarial attitude toward the traveling public.

In plainer language, Ron, if your agency did its job with even the remotest level of competence and professionalism at the checkpoint, gate searches would never even have been considered remotely necessary. This "layers" excuse is nothing more than a NewSpeak method of covering up the fact that the checkpoint, which is where all of the most important "layers" are implemented, is so full of holes that you can't trust it, so you repeat some of the most invasive and abusive layers at the gate.

It also reminds me of Albert Einstein's famous quote: "The definition of stupidity is doing the same thing over and over again and expecting different results."


Originally Posted by TSORon (Post 17511077)
You take far too narrow a view of what "screening" is. Passenger screening begins a long time before you ever get to the airport, and continues well past your last flight. TSA screening is not just at the checkpoint.

And you take far too broad a view of what screening is.

Any passenger screening that takes place prior to a traveler's arrival at the checkpoint is not screening, it's a background investigation. And, as far as I know, investigation is not within TSA's mandate.

How much investigation does TSA do? Can they use the administrative search doctrine to open my mail, search my home, or tap my phone without warrant, just because I've bought a plane ticket? Can they run my financial and phone records, demand my web surfing history from my ISP, and question my coworkers? Can they perform "sneak and peak" searches in my home? Can they run down my medical records? No, they can't; but at some point, each of those things could be proposed if TSA takes your view that "screening" is whatever they want it to be, whenever they want it to be, on anybody who intends to travel.

Where ARE the limits, Ron? Do you even believe that limits to TSAs authority exist? Where do you think they should be?

TSORon Nov 26, 2011 7:52 am


Originally Posted by jkhuggins (Post 17515594)
I think there is a reasonable alternative explanation.

I think it's entirely possible that the TSOs performing gate screening decided to start screening passengers prior to the gate agent formally beginning boarding --- perhaps in a desire to speed up the entire process, given the frequent reports that gate screenings can delay flight departures. Unfortunately, this could lead to the bizarre situation where a passenger had completed gate screening by TSA but was not being allowed to board by the airline ... leaving them in a no-man's land.

A reasonable assumption. In large airports gate screening can take quite a bit of time, so beginning just a bit early is one way of ensuring that the flight is not late for its departure time. But I have not seen or heard any reports of gate screening causing a flight to be delayed. Many things can cause a flight to become late, and we have specifically designed the program to prevent screening from becoming one of them.

Then again, we can "what if" all day long and never get anywhere. Theories are great, until they are countered by facts.

jkhuggins Nov 26, 2011 8:11 am


Originally Posted by TSORon (Post 17517383)
Theories are great, until they are countered by facts.

The OP, an eyewitness to the events, has offered his eyewitness testimony. Since none of the rest of us were there, theories are all that the rest of us can offer.

ScatterX Nov 26, 2011 10:02 am


Originally Posted by TSORon (Post 17517383)
A reasonable assumption. In large airports gate screening can take quite a bit of time, so beginning just a bit early is one way of ensuring that the flight is not late for its departure time.


Originally Posted by TSORon (Post 17515036)
Gate Screening is done immediately prior to the last boarding pass check inside the terminal, while the passengers are queuing up to board the aircraft. Once the screening is completed, the passenger has the gate agent verify their boarding pass and the passenger then walks down the jetway to their aircraft.

But Ron, you said earlier that gate screening is only done when the person can then immediately board the aircraft. Now you say starting just a bit early is one way TSA chooses to ensure a flight departs on time. Which is it?


Originally Posted by TSORon (Post 17515036)
...scatterX’s interpretation of the events... ...is seriously lacking.


Originally Posted by TSORon (Post 17517383)
A reasonable assumption...

Given your confusion (or goal post changing) about what gate screening actually is combined with admitting that what I described is a reasonable assumption, would you care to retract the insulting remark you made about me misinterpreting an incident I was an eyewitness to?


Originally Posted by TSORon (Post 17517383)
...gate screening can take quite a bit of time, so beginning just a bit early...

When starting early is followed by refusing to let people move freely after (insert whatever you want to call the process you are starting early here), it's an easy way for TSA to illegally detain someone too.


Originally Posted by TSORon (Post 17517383)
A reasonable assumption. In large airports gate screening can take quite a bit of time, so beginning just a bit early is one way of ensuring that the flight is not late for its departure time. But I have not seen or heard any reports of gate screening causing a flight to be delayed. Many things can cause a flight to become late, and we have specifically designed the program to prevent screening from becoming one of them.

Then again, we can "what if" all day long and never get anywhere. Theories are great, until they are countered by facts.

Screening causing delays is NOT related to this incident. This flight was simply not ready for boarding. TSA pulled people out of line for Procedure X (full body rubbing, followed by refusal to let the people leave). This was not related to a delayed flight because THE FLIGHT WAS NOT READY FOR BOARDING. Which part do you not understand?

Minimizing the confusion and what if games is a lot easier when you don't make up new facts and then "what if" them. @:-)

It is sadly ironic that you are the one to make a snide comment about theories and facts, when you are leading the league in making up theories and presenting them as facts. You started by criticizing the interpretation of something you didn't see. You followed that up with multiple insinuations that "it didn't happen" or, even if it did, it was misinterpreted or the description was seriously lacking. And now, you state this situation is not only a reasonable assumption, but you describe why TSA is doing that very thing.

Dude, seriously?

TSORon Nov 26, 2011 4:59 pm


Originally Posted by jkhuggins (Post 17517451)
The OP, an eyewitness to the events, has offered his eyewitness testimony. Since none of the rest of us were there, theories are all that the rest of us can offer.


A very rational point. :D

We were not there indeed. But we do know that the OP's version is colored by his bias and lack of knowledge about the processes being used. That should tell us quite a bit.

I was not there, so I have no more information on what happened than you do. But my knowledge of the program and its goals allows me to sift through the bias, at least a bit more than the average poster. Besides, eye witness testimony if notoriously inaccurate as any police officer can tell you.

TSORon Nov 26, 2011 5:18 pm


Originally Posted by ScatterX (Post 17517808)
But Ron, you said earlier that gate screening is only done when the person can then immediately board the aircraft. Now you say starting just a bit early is one way TSA chooses to ensure a flight departs on time. Which is it?

A 747-400 can carry quite a few people, and it may take more than an hour to board the entire flight. Starting the gate screening a bit early lessens the pressure on the gate agents to meet their designated departure time.


Originally Posted by ScatterX (Post 17517808)
Given your confusion (or goal post changing) about what gate screening actually is combined with admitting that what I described is a reasonable assumption, would you care to retract the insulting remark you made about me misinterpreting an incident I was an eyewitness to?

Given the obvious mischaracterization of the events, no I don’t think so. Eye witnesses are notoriously inaccurate, you can ask any police officer about that, or a prosecuting attorney if you like.


Originally Posted by ScatterX (Post 17517808)
When starting early is followed by refusing to let people move freely after (insert whatever you want to call the process you are starting early here), it's an easy way for TSA to illegally detain someone too.

You are assuming they are being detained. Was anyone holding them in place physically? Was there a threat of some kind to ensure compliance? As I said, separating the screened passengers from the unscreened is a solid security concept, one use around the world.


Originally Posted by ScatterX (Post 17517808)
Screening causing delays is NOT related to this incident. This flight was simply not ready for boarding. TSA pulled people out of line for Procedure X (full body rubbing, followed by refusal to let the people leave). This was not related to a delayed flight because THE FLIGHT WAS NOT READY FOR BOARDING. Which part do you not understand?

Then it was not gate screening. Pretty simple concept.


Originally Posted by ScatterX (Post 17517808)
Minimizing the confusion and what if games is a lot easier when you don't make up new facts and then "what if" them. @:-)

Agreed. So let’s both avoid doing that, OK?


Originally Posted by ScatterX (Post 17517808)
It is sadly ironic that you are the one to make a snide comment about theories and facts, when you are leading the league in making up theories and presenting them as facts.

No. I am presenting a non-SSI version of what gate screening is, not what it is not.

Y

Originally Posted by ScatterX (Post 17517808)
You started by criticizing the interpretation of something you didn't see. You followed that up with multiple insinuations that "it didn't happen" or, even if it did, it was misinterpreted or the description was seriously lacking. And now, you state this situation is not only a reasonable assumption, but you describe why TSA is doing that very thing.

Dude, seriously?

Actually, I read what was written and filtered the bias and lack of specific knowledge about process. I don’t believe I criticized anything, I only pointed out the factual errors. By what you have written it is obvious to me that you do seriously lack knowledge about what was going on. That lack is intentional on the part of TSA, we don’t want you to know the “who, what, when, where, why, or how” of what we do, so that is not your fault in any way. But the assumptions are, especially if they are incorrect. Best not to make assumptions then submit them for public comment. What is that saying…. “Best to be thought a fool than to open your mouth and remove all doubt”? Seriously.

jkhuggins Nov 26, 2011 6:00 pm


Originally Posted by TSORon (Post 17519252)
We were not there indeed. But we do know that the OP's version is colored by his bias and lack of knowledge about the processes being used. That should tell us quite a bit.

I was not there, so I have no more information on what happened than you do. But my knowledge of the program and its goals allows me to sift through the bias, at least a bit more than the average poster. Besides, eye witness testimony if notoriously inaccurate as any police officer can tell you.

On the other had, it is entirely possible that your interpretation of these events is just as biased as any other interpretation offered here, based upon your (natural) loyalty to your employer. Knowledge of the program does not eliminate the possibility of bias regarding its operation.

Yes, eyewitness testimony has its limits. So does armchair quarterbacking. :)

jkhuggins Nov 26, 2011 6:07 pm


Originally Posted by TSORon (Post 17519300)
As I said, separating the screened passengers from the unscreened is a solid security concept, one use around the world.

Ah, but we have an important difference between separation of screened passengers, particularly in an international context, and what was reported by the OP.

I've traveled internationally, and experienced separation of screened passengers. In that context, screened passengers are always free to leave the screened area, but must undergo screening once again in order to re-enter the screened passenger area. In the original report here, we were told that passengers were informed that they could not leave the screened passenger holding zone. That seems to me to be a significant difference.

halls120 Nov 26, 2011 7:17 pm


Originally Posted by jkhuggins (Post 17519431)
Ah, but we have an important difference between separation of screened passengers, particularly in an international context, and what was reported by the OP.

I've traveled internationally, and experienced separation of screened passengers. In that context, screened passengers are always free to leave the screened area, but must undergo screening once again in order to re-enter the screened passenger area. In the original report here, we were told that passengers were informed that they could not leave the screened passenger holding zone. That seems to me to be a significant difference.

And at airports outside the US, where gate screening is employed, the airport is designed to make this process as convenient as possible. There are seats in the screened area, and there are almost always rest rooms available.

Every time I see TSA try to do a gate screening in the C/D terminal at IAD, I just laugh. There isn't enough room anywhere in that terminal to set aside a "clean" zone for screened passengers before they board.


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