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-   -   TSA customer relations in checkpoint queue (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1366705-tsa-customer-relations-checkpoint-queue.html)

PTravel Jul 17, 2012 12:55 pm


Originally Posted by TSORon (Post 18947204)
That’s pretty much how TSA is viewed in this venue. Nothing we can do is right, and everything we do is wrong. And anything that goes wrong at an airport is automatically TSA’s fault until proven otherwise. They ignore the most basic of precepts of criminal law in that everyone, no exceptions, is innocent until proven guilty. Something they demand from us, but are unwilling to acknowledge as our rights as well. Basic, and no amount of prior actions can or will change that, but not something the TSA and its employees are afforded here.

First of all, "innocent until proven guilty," is a misstatement of the legal standard, which is, "the state bears the burden of proving guilt." It does not mean someone is innocent until proven guilty, but that, before they can be deprived of life, liberty or property in the context of a criminal action, the state must meet its burden of proof.

TSA is not on trial. TSA is a government agency that, time and again, has demonstrated incompetence, corruption, scientific and technolgoical ignorance, and contempt for the Constitution of the United States. TSA has wasted billions of dollars and contributed virtually nothing to the safety of commercial aviation. The three known terrorist attacks against US aviation since 9/11 were not detected, much less contravened, by TSA.

So, please -- spare me, "innocent until proven guilty." As I said, TSA is not on trial.

Boggie Dog Jul 17, 2012 1:04 pm


Originally Posted by PTravel (Post 18948513)
First of all, "innocent until proven guilty," is a misstatement of the legal standard, which is, "the state bears the burden of proving guilt." It does not mean someone is innocent until proven guilty, but that, before they can be deprived of life, liberty or property in the context of a criminal action, the state must meet its burden of proof.

TSA is not on trial. TSA is a government agency that, time and again, has demonstrated incompetence, corruption, scientific and technolgoical ignorance, and contempt for the Constitution of the United States. TSA has wasted billions of dollars and contributed virtually nothing to the safety of commercial aviation. The three known terrorist attacks against US aviation since 9/11 were not detected, much less contravened, by TSA.

So, please -- spare me, "innocent until proven guilty." As I said, TSA is not on trial.

TSA should be on trial!

chollie Jul 17, 2012 1:06 pm


Originally Posted by medic51vrf (Post 18948002)
When you speak of "administrative fines" are you talking about money? IE can they write you a ticket if you refuse to answer their questions? If so the answer, again to my knowledge, is no.

The 'administrative fines' can run as high as $11k, IIRC. They are administered by TSA - based on statements made about John Tyner ("don't touch my junk"), the fines can be levied weeks or months after the incident in question (probably just after any relevant tapes have been 'lost'). I believe there may be a single appeals opportunity, but not in a court of law.

No idea what happens if you don't pay the fine (like when an unpaid library fine gets turned over to LEOs) or if being fined automatically earns you a spot on the 'watch list'.

Someone has posted the actual list of fines - keep in mind, anything you do at the checkpoint can be labelled 'interfering with the screening process', even politely asking a question or bending down to pick up something you've dropped.

chollie Jul 17, 2012 1:08 pm

(duplicate post!)

Caradoc Jul 17, 2012 1:12 pm


Originally Posted by medic51vrf (Post 18947715)
Miranda v Arizona does not apply to TSOs because they are not LEOs.

An excellent reason to stop issuing them the LEO costumes, don't you think?

medic51vrf Jul 17, 2012 1:19 pm


Originally Posted by chollie (Post 18948591)
The 'administrative fines' can run as high as $11k, IIRC. They are administered by TSA - based on statements made about John Tyner ("don't touch my junk"), the fines can be levied weeks or months after the incident in question (probably just after any relevant tapes have been 'lost'). I believe there may be a single appeals opportunity, but not in a court of law.

No idea what happens if you don't pay the fine (like when an unpaid library fine gets turned over to LEOs) or if being fined automatically earns you a spot on the 'watch list'.

Someone has posted the actual list of fines - keep in mind, anything you do at the checkpoint can be labelled 'interfering with the screening process', even politely asking a question or bending down to pick up something you've dropped.

Fair enough (your comment, not the fines or ability to levy them). Until I have the time to research things for myself I'll take what you've said at face value.

medic51vrf Jul 17, 2012 1:21 pm


Originally Posted by Caradoc (Post 18948636)
An excellent reason to stop issuing them the LEO costumes, don't you think?

Quite possibly. This has been a topic of debate regarding non-LEOs (IE security guards, etc) for quite some time now.

4nsicdoc Jul 17, 2012 8:58 pm


Originally Posted by medic51vrf (Post 18947715)
Miranda v Arizona does not apply to TSOs because they are not LEOs.

Wow! An exposition on American constitutional law from an Australian ambulance driver. I'm impressed. Miranda applies to stoolies in a prison who are working with the government. See People v. Perkins, 531 N.E.2d 141 (Ill. App. 1988) and Uhlmann v. Wilson, 106 S.Ct. 2616 (1986).. Why wouldn't it apply to clearly inferior people like TSOs? Possibly because the stoolie is a more effective interrogator than a BDO/TSO?

Caradoc Jul 17, 2012 10:12 pm


Originally Posted by 4nsicdoc (Post 18951651)
Possibly because the stoolie is a more effective interrogator than a BDO/TSO?

Of course, the bar is set pretty low in that comparison...

cbn42 Jul 17, 2012 10:36 pm


Originally Posted by RadioGirl (Post 18943785)
To see how ridiculous this is, imagine this scenario at other places where the public interacts with the gov't.

You walk into the post office and there's a long line. An employee (instead of serving customers) stands inside the door talking to people as they join the line.
1. "Do you have any questions about the post office today?"
2. "Who is that letter addressed to? What did you say? Is that package a birthday present? Who is it for?" *
3. "My son has a shirt just like yours. He works in New York. He's getting married in August. I'm going to go visit him next week..."

This happens quite often at my post office. If there is a long line, someone will go through and see what each person wants, and inform them if they have the wrong customs form or something. Usually at least a few people will be told that they don't need to wait in line because their task can be completed at the vending machine. Sometimes there is small talk, especially for repeat visitors that the staff recognize. This is called good customer service, and it is not "ridiculous" at all.


Originally Posted by roberino (Post 18944793)
Wow, and wow!

Just checked back in on this thread for the first time since my initial post and find that what I took to be an innocuous and potentially helpful approach from a TSO now appears to be much more sinister. As a conversationalist the officer in question was pleasant, if not a sparkling must-have dinner guest, but if he was trying detect abnormal behaviour on my part then I've got to say that he was about as effective as a chocolate teapot! He didn't look me in the eye and seemed more interested in talking to me than listening to what I had to say.

Anything a TSO does will appear to be sinister to certain people on here. If he was more interested in talking than listening to you, then in all likelihood he was not a BDO, but rather just a bored employee looking to kill some time.


Originally Posted by chollie (Post 18948591)
The 'administrative fines' can run as high as $11k, IIRC. They are administered by TSA - based on statements made about John Tyner ("don't touch my junk"), the fines can be levied weeks or months after the incident in question (probably just after any relevant tapes have been 'lost'). I believe there may be a single appeals opportunity, but not in a court of law.

The administrative fines are for refusal to complete the screening process, i.e., go through the metal detector, AIT or patdown, etc. You cannot be fined for refusal to answer questions, although if you refuse to answer questions, are selected for a patdown, and refuse, then I guess you could be fined.

BTW, Miranda applies to all government workers, however only for criminal matters. It is based on the 5th amendment, which says that you cannot be deprived of "life or limb" without due process. Therefore, Miranda would not come into play unless the government attempted to prosecute you for something you said at the checkpoint. If the consequence is denial of entry to the checkpoint, there is no Miranda issue.

United_727 Jul 18, 2012 7:09 am


Originally Posted by saulblum (Post 18935166)
The entire premise of SPOT and BDOs hinges on the assumption that everyone flying is in a good mood: that they're embarking on their Disney World vacation or honeymoon or are about to seal a business deal or are going to their son's wedding.

Guess what? Some passengers are flying to funerals; others are flying to visit sick relatives who may have days left to live.

And the last thing those passengers need is to be judged harshly, and potentially face extra screening, because they did not sufficiently satisfy a BDO that their jitters are not a precursor to blowing up a plane.

Exactly! Some have to travel to clean up some sort of company 'mess' or worse.

medic51vrf Jul 18, 2012 7:21 am


Originally Posted by 4nsicdoc (Post 18951651)
Wow! An exposition on American constitutional law from an Australian ambulance driver.

You're showing your ignorance and personal biases (as you have in other threads) Doc. I'm a US citizen with a degree in criminal justice issued by an American institution and I'm a Paramedic Practitioner (among other things) so I don't drive ambulances. If anything I work in the back of them.

Caradoc Jul 18, 2012 7:23 am


Originally Posted by cbn42 (Post 18952071)
Anything a TSO does will appear to be sinister to certain people on here.

That's most likely because some people see any person who'll accept a paycheck for molesting passengers, or working shoulder-to-shoulder with thieves, thugs, and perverts, as "sinister."

roberino Jul 18, 2012 7:28 am


Originally Posted by cbn42 (Post 18952071)
If he was more interested in talking than listening to you, then in all likelihood he was not a BDO, but rather just a bored employee looking to kill some time.

OK, so this references back to my original post. If he was "bored" and "looking to kill some time" then clearly he was surplus to requirements at a cost that is picked up by the US taxpayer. Doesn't this trouble you?

roberino Jul 18, 2012 7:34 am


Originally Posted by cbn42 (Post 18952071)
This happens quite often at my post office. If there is a long line, someone will go through and see what each person wants, and inform them if they have the wrong customs form or something. Usually at least a few people will be told that they don't need to wait in line because their task can be completed at the vending machine. Sometimes there is small talk, especially for repeat visitors that the staff recognize. This is called good customer service, and it is not "ridiculous" at all.

I did consider this scenario and wasn't sure about it either way, hence my original posting. I didn't really think the line was long enough to warrant this though.


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