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Old Jun 16, 2012 | 2:20 pm
  #16  
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Originally Posted by cottonmather0
The legal answer to your final question is that it's not intended to be sexual assault and is an otherwise "reasonable" procedure, therefore it's not assault so long as they follow the approved agency protocol.
"Show me the protocol, and I'll tell you whether I'll consent to it."

That's been a sticky point.
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Old Jun 16, 2012 | 2:31 pm
  #17  
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Originally Posted by cottonmather0
The legal answer to your final question is that it's not intended to be sexual assault and is an otherwise "reasonable" procedure, therefore it's not assault so long as they follow the approved agency protocol.

What goes unexplained is why someone must either submit themselves to indecent display of their body or - what they might consider to be - inappropriate touching just to get on an airplane.
Missed this the first time through...

Does intent really matter in this case? You can sexually assault a drunk person, without having intent to assault them, because they can't consent - so what's the different here? Can consent be coerced? Rhetorical question of course, because in 2012, everything related to flying is coered.

And how can being touched in places that only one person has ever touched me before NOT be considered inappropriate? I felt violated and humiliated.

Maybe I'm being naive. I truly don't fly that often - my status is from multiple trips to Asia per year in J - but I honestly had no idea the enhanced patdowns consisted of touching, well, what it did. I've always been told touching genitals was a no-no, and that definitely happened.
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Old Jun 16, 2012 | 2:47 pm
  #18  
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Originally Posted by lovely15
I've always been told touching genitals was a no-no, and that definitely happened.
Consider the source.

Who told you this?
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Old Jun 16, 2012 | 2:48 pm
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Originally Posted by Caradoc
Consider the source.

Who told you this?
Multiple coworkers. Maybe they don't consider certain parts genitals - they are mostly male.
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Old Jun 16, 2012 | 3:13 pm
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Originally Posted by mybodyismyown
I had a similar experience and documented in on FlyerTalk and here:
tsanewsblog.com/?p=76

One important difference is that I refused both the scanner and the patdown. So I hadn't tripped any alarm, so to speak, when I double-opted-out and was allowed to leave the airport. But your story is very troubling to me because every time I walk into an airport I tell myself that if those lowlifes try to touch my body I'm out of there. I would rather walk home than let a stranger molest me. I understand you insisted and your TSO refused your refusal, but this tale is going to leave me with a huge amount of fear of being forcibly fondled. Surely they wouldn't grab you and rub you while you tried to run and push their hands away, would they?
I have a very hard time believing that a TSO will put you over his shoulder, take you to the private room and pat you down all the while you are screaming that you just want to leave.

They are evil, but I don't see them going that far.
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Old Jun 16, 2012 | 3:47 pm
  #21  
 
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Originally Posted by lovely15
Missed this the first time through...

Does intent really matter in this case? You can sexually assault a drunk person, without having intent to assault them, because they can't consent - so what's the different here? Can consent be coerced? Rhetorical question of course, because in 2012, everything related to flying is coered.

And how can being touched in places that only one person has ever touched me before NOT be considered inappropriate? I felt violated and humiliated.

Maybe I'm being naive. I truly don't fly that often - my status is from multiple trips to Asia per year in J - but I honestly had no idea the enhanced patdowns consisted of touching, well, what it did. I've always been told touching genitals was a no-no, and that definitely happened.
I agree, just stating what TSA's excuse/justification is/will be.
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Old Jun 16, 2012 | 4:17 pm
  #22  
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Originally Posted by Wally Bird
LEOs are normally nowhere near the checkpoint(s) and have to be summoned.
I bet I can be out of the airport before they arrive.

Doubtful, as suggested above. Get back to us when any such fine is upheld. Or even laid.
How would you know whether there's an LEO at the checkpoint? Not all LEO's wear a uniform. More importantly, just like non-LEO private security, a TSO can certainly hold you for a LEO.

Seriously though, the reasons the courts have upheld searches of people who back out (same with U-turns before DUI checkpoints) is pretty obvious.

But, them with $11K+ in their pockets to burn on pranks are free to try.@:-)
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Old Jun 16, 2012 | 4:32 pm
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Originally Posted by Often1
How would you know whether there's an LEO at the checkpoint? Not all LEO's wear a uniform. More importantly, just like non-LEO private security, a TSO can certainly hold you for a LEO.

Seriously though, the reasons the courts have upheld searches of people who back out (same with U-turns before DUI checkpoints) is pretty obvious.

But, them with $11K+ in their pockets to burn on pranks are free to try.@:-)
How would the TSO hold me there until the cop came?
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Old Jun 16, 2012 | 4:44 pm
  #24  
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Originally Posted by lovely15
Multiple coworkers. Maybe they don't consider certain parts genitals - they are mostly male.
Interesting. The only "people" I've ever heard say that the TSA doesn't touch anyone's genitals are TSA employees (and Pistole, for what that's worth.)

It should go without saying that anything said by a TSA employee should be taken with an entire shaker of salt, as they're generally untrustworthy.
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Old Jun 16, 2012 | 6:14 pm
  #25  
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Originally Posted by Often1
Seriously though, the reasons the courts have upheld searches of people who back out (same with U-turns before DUI checkpoints) is pretty obvious.
I love when people try to justify sexual assault. Seriously, what were they searching me for? They wouldn't answer when I asked. Do you have any ideas?

Originally Posted by Caradoc
It should go without saying that anything said by a TSA employee should be taken with an entire shaker of salt, as they're generally untrustworthy.
Hence you can imagine my shock when I found out the two striper was correct in saying I couldn't leave.
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Old Jun 16, 2012 | 6:31 pm
  #26  
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Originally Posted by lovely15
Hence you can imagine my shock when I found out the two striper was correct in saying I couldn't leave.
Anecdotal evidence suggests that one of the very few ways one can tell a TSA employee is telling the truth is when they are happy about giving you bad news.
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Old Jun 16, 2012 | 7:46 pm
  #27  
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Originally Posted by lovely15
Does intent really matter in this case? You can sexually assault a drunk person, without having intent to assault them, because they can't consent - so what's the different here? Can consent be coerced? Rhetorical question of course, because in 2012, everything related to flying is coered.
In most jurisdictions, intent to arouse or gratify the sexual desire of the offender or the victim must be proven in order to convict a defendant of a sexual assault crime.
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Old Jun 16, 2012 | 7:51 pm
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Originally Posted by Often1
How would you know whether there's an LEO at the checkpoint? Not all LEO's wear a uniform. More importantly, just like non-LEO private security, a TSO can certainly hold you for a LEO.

Seriously though, the reasons the courts have upheld searches of people who back out (same with U-turns before DUI checkpoints) is pretty obvious.

But, them with $11K+ in their pockets to burn on pranks are free to try.@:-)
oh, you mean like Representative Cissna of Alaska? no fine there. I'm not sure where you get off saying it's a slam dunk fine. There have been numerous high profile cases where people refused your agency's idiot gropings and left the airports without fines. Clearly, this is a fight the TSA does not want to fight. It would get them into court in a way not of their liking.

I'm not coming into the private hut with TSA clerks for a groin check, period. Not just to ride on an aircraft. And courts have not upheld personal gropes of people who decided they'd rather not fly. It's dishonest for you to claim this.
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Old Jun 16, 2012 | 8:01 pm
  #29  
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Originally Posted by nachtnebel
And courts have not upheld personal gropes of people who decided they'd rather not fly. It's dishonest for you to claim this.
Unfortunately, they have.

http://www.wired.com/threatlevel/200...urt-says-trav/
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Old Jun 16, 2012 | 9:10 pm
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Originally Posted by Often1
How would you know whether there's an LEO at the checkpoint? Not all LEO's wear a uniform. More importantly, just like non-LEO private security, a TSO can certainly hold you for a LEO.
Airport cops are all in uniform, and if I have all my possessions a TSA checkpoint worker can NOT 'hold' me.
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