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-   -   DCA TSO misconduct with my 16yo (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1489755-dca-tso-misconduct-my-16yo.html)

SeriouslyLost Aug 1, 2013 2:07 pm


Originally Posted by formeraa (Post 21194240)
I personally find it ironic that some of the most vocal opponents of the TSA were also very vocal about the LACK of security after 9/11. Just a thought...either we have security or we don't.

You forgot the third alternative: you have security that actually works. Other countries manage it. Why is the US incapable of getting it right? The threat is certainly lower than in many other countries.

Boggie Dog Aug 1, 2013 2:37 pm


Originally Posted by mh3265a (Post 21195851)
A. No one is prohibited from driving. TSA has the power to prohibit citizens from flying.

YES - people are prohibited from driving. Think DUI or repeat other moving offsenses.

Yes but only with due process. DUI person is arrested and charged for a violation of the law. Second issue, the person is the operator of the motor vehicle, not a passenger.


B. There is actual evidence to support the safety benefits of speed limits. There is no evidence that TSA procedures result in significantly improved safety.

There is evidence but it's NOT all public and for good reason.

If this evidence is not public then it doesn't exist as far as I am concerned.


C. To restrict a citizen's rights, you must prove that it is crucial to do so and that the restriction will be minimized. TSA has yet to justify its existence (e.g., by providing independently verified cost-benefit analyses supporting TSA procedures), so there is no proof that TSA's power to prohibit flying is crucial to national security. Given that TSA indiscriminately requires (or has required) citizens' to turn over cupcakes, bottled water, and other innocuous items in order to fly, TSA's restrictions on citizens' right to travel by air are hardly minimized.

Flying is not explicit right in the Constitution and this is more than an individual rights issue than a collective good situation. This Tea Party ideology is absolutely crazy and uphelpful in our democracy.

The Constitution does not lay out rights. It lays out the framework of government and also the restrictions on government.

eyecue Aug 1, 2013 4:59 pm

hmmm
 
I had to ponder this from my standpoint. The only reason the TSO alledgedly said that was because the filming could reveal shortcuts that he may have taken if he was not being filmed. Since he was being recorded, he went by the book or he could have been subject to discipline. There was no retaliation in his actions, after all it is on tape. It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening. That is why he attempted to direct the camera away from the items mentioned.

Boggie Dog Aug 1, 2013 6:41 pm


Originally Posted by eyecue (Post 21199144)
I had to ponder this from my standpoint. The only reason the TSO alledgedly said that was because the filming could reveal shortcuts that he may have taken if he was not being filmed. Since he was being recorded, he went by the book or he could have been subject to discipline. There was no retaliation in his actions, after all it is on tape. It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening. That is why he attempted to direct the camera away from the items mentioned.

If taking video is allowed, which it is per TSA, except for xray screens then how are peoples faces, name tags and such not expected to be recorded? Bigger question, why are so many TSA employees reluctant to be recorded? Ashamed of what you do?

IrishDoesntFlyNow Aug 2, 2013 2:40 am


Originally Posted by mh3265a (Post 21195508)
Or maybe I didn't read close enough.....seems you jump to conclusions quickly.

However, your argument is absolutely incorrect. You can't just assume the employee is wrong. We only have one side of the story from the OP. From their own admission I suspect there is a lot more to the story than they are alluding.

Unless OP was physically violent - and there's no indication of that - there is no other side. The screener was wrong. The End. Doesn't matter how rude OP was. Doesn't matter how aggravating he was. The very instant that screener allowed himself to be drawn into game playing (because that's what that screener was doing), that screener made himself wrong. It. Is. The. Screeners. JOB. to deal with those sorts of behaviors without responding in kind. Why? Because the very instant that screener began game playing, that screener took his eye off his supposed primary mission. What greater failure is there? And he compounded his failure by an order of magnitude the instant he decided to use a 16-yr-old child as a pawn in his little game of one–upmanship.



Originally Posted by mh3265a (Post 21195508)
Is a pat down really that much of an invasion of security especially when the person going through security knows that refusing entry to the screening machine means a pat down. There are many other security techniques that would be far more intrusive.

Yes, it is really that much of an invasion. As administrative search is required to use the least intrusive method possible, not a method "a less intrusive than it possibly could be".



Originally Posted by mh3265a (Post 21195508)
I personally believe the OP was looking for a problem and created a situation where a problem occurred. They are wasting our time and the government's time with this matter...it's sad....

I personally believe you can't know and it doesn't matter what OP's intentions were. I personally believe any attempt to excuse that screener's massive failures is pretty sad....


~~ Irish

petaluma1 Aug 2, 2013 6:34 am


Originally Posted by eyecue (Post 21199144)
I had to ponder this from my standpoint. The only reason the TSO alledgedly said that was because the filming could reveal shortcuts that he may have taken if he was not being filmed. Since he was being recorded, he went by the book or he could have been subject to discipline. There was no retaliation in his actions, after all it is on tape. It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening. That is why he attempted to direct the camera away from the items mentioned.

If that were so, then the screener would not have uttered the words he did to the father at the end of the screening.

tkey75 Aug 2, 2013 6:40 am


Originally Posted by eyecue (Post 21199144)
I had to ponder this from my standpoint. The only reason the TSO alledgedly said that was because the filming could reveal shortcuts that he may have taken if he was not being filmed. Since he was being recorded, he went by the book or he could have been subject to discipline. There was no retaliation in his actions, after all it is on tape. It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening. That is why he attempted to direct the camera away from the items mentioned.

Wow. I'm pretty dizzy from that spin.

A solid A+ for a TSA answer, though. You should write for the blog!

WillCAD Aug 2, 2013 6:45 am


Originally Posted by mh3265a (Post 21195851)
A. No one is prohibited from driving. TSA has the power to prohibit citizens from flying.

YES - people are prohibited from driving. Think DUI or repeat other moving offsenses.

STRAW MAN ALERT! STRAW MAN ALERT! WHOOP! WHOOP! This one seems to be everywhere.

OPERATING a motor vehicle requires a license, just like OPERATING an aircraft. One must demonstrate competence to maintain the license.

However, there is no license required to be a PASSENGER in ANY form of transportation - horses, bikes, cars, buses, trains, planes, sleighs, gliders, parachutes (NOTE: the tandem kind, pax require no licensing)...


Originally Posted by mh3265a (Post 21195851)
B. There is actual evidence to support the safety benefits of speed limits. There is no evidence that TSA procedures result in significantly improved safety.

There is evidence but it's NOT all public and for good reason.

It is my considered opinion that you are lying. There is no such evidence. You are saying there is, but it's secret. Does that mean you have a government clearance and can access the information? Are you Confidential, Secret, or Top Secret cleared?

You do realize that even by saying such information exists, you'd be in violation of the rules you agreed to when you were cleared, which include never confirming or denying the existence of classified information to non-cleared persons? So, if you are telling the truth, and you do know for sure that such evidence exists because you are cleared and have access to it, you just committed a felony by confirming its existence in a public forum.

Or, as I said before, you're just pulling this unprovable and absurd assertion out of a random orifice to bolster a position which has no merit whatsoever.


Originally Posted by mh3265a (Post 21195851)
C. To restrict a citizen's rights, you must prove that it is crucial to do so and that the restriction will be minimized. TSA has yet to justify its existence (e.g., by providing independently verified cost-benefit analyses supporting TSA procedures), so there is no proof that TSA's power to prohibit flying is crucial to national security. Given that TSA indiscriminately requires (or has required) citizens' to turn over cupcakes, bottled water, and other innocuous items in order to fly, TSA's restrictions on citizens' right to travel by air are hardly minimized.

Flying is not explicit right in the Constitution and this is more than an individual rights issue than a collective good situation. This Tea Party ideology is absolutely crazy and uphelpful in our democracy.

FALSE ASSERTION ALERT! FALSE ASSERTION ALERT! Here we go again; someone always pulls this ridiculous assertion out when they're debating the government's violation of peoples' rights. Well, you're wrong, just wrong.

The Constitution does not give, grant, or create rights. The Bill of Rights lists some of the most important rights that all people are born with, and prohibits the government from denying or infringing upon them. However, the rights enumerated in the Bill of Rights are NOT the only rights that the people have. It says so in so many words, in the Ninth Amendment:


Originally Posted by Some of the smartest men in American history
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In point of fact, the Constitution does not give, grant, or create ANYTHING for the people; it grants the government a limited license of authority over the people, and imposes deliberate, heavy restrictions on that authority, for the specific purpose of preventing government overreach and abuse. In fact, it says so, in so many words, in the Tenth Amendment:


Originally Posted by A bunch of guys who had shed blood, sweat and tears to overthrow a corrupt and abusive government and never wanted it to happen again
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So, basically, the 9th and 10th Amendments work together for a specific purpose. They mean that, A) EVERYTHING is a right (so long as it does not infringe upon the rights of others, like murder, theft, etc), and the government MAY NOT infringe upon any of them unless it is granted explicit authority to do so by the Constitution, and B) unless a power to do something is explicitly spelled out in the Constitution, the government does not have that power and is prohibited from doing that thing.

Flying is a RIGHT. Until the Constitution is amended to grant the government limited authority to deny the freedom of movement, flying is absolutely a RIGHT and anyone who says different is woefully ignorant of both the most basic ideals upon which the United States was founded and woefully ignorant of the historical examples of what happens when government is thought of as an entity with rights which override the rights of the people it governs.

TheRoadie Aug 2, 2013 8:00 am


Originally Posted by eyecue (Post 21199144)
It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening.

Nonsense. This is in the SOP? Screeners are allowed to put their badge in their pocket? Tape over their name? Wear stocking masks to disguise who they are?

I claim if it can be seen in public with an eyeball, it can be filmed. With the monitor exceptions already mentioned on the web site. It's the same doctrine that allows filming of LEOs doing their duty. A public servant acting in public can have no expectation of privacy.

It goes with the job. If the staff isn't trained in this at indoctrination, then that's yet another management failure.

jkhuggins Aug 2, 2013 9:58 am


Originally Posted by eyecue (Post 21199144)
Since he was being recorded, he went by the book or he could have been subject to discipline.

If this is true, then there is a greater problem: this particular TSO is only performing his duties according to the relevant regulations when he is being directly observed.

aviators99 Aug 4, 2013 10:08 am


Originally Posted by petaluma1 (Post 21201882)
If that were so, then the screener would not have uttered the words he did to the father at the end of the screening.

He said it to my son, not to me (pointing or nodding over to me). It was to "teach my son a lesson" that if you don't respect their authority, you get groped longer, even if you are a child.

chollie Aug 4, 2013 10:32 am


Originally Posted by eyecue (Post 21199144)
I had to ponder this from my standpoint. The only reason the TSO alledgedly said that was because the filming could reveal shortcuts that he may have taken if he was not being filmed. Since he was being recorded, he went by the book or he could have been subject to discipline. There was no retaliation in his actions, after all it is on tape. It is the duty of the supervisor to not allow the release of any identication of any officers conducting screening. That is why he attempted to direct the camera away from the items mentioned.

If that's true, then this is a TSO who routinely puts pax (and co-workers) at risk by taking 'shortcuts' that are not by the book.

Loren Pechtel Aug 4, 2013 9:03 pm


Originally Posted by aviators99 (Post 21189023)
At the end of the patdown, I stopped recording, and then the TSO said to my son: "Now, I had to do an extra thorough patdown on you [pointing over to me]. Normally, this is like 'bing, bang, boom' and it's done."

...

What, if anything should I do next?

What you should have done it not stopped recording.

Loren Pechtel Aug 4, 2013 9:04 pm


Originally Posted by nykjets (Post 21189204)
So it seems to me the TSA agents were doing their jobs, and you decided to make it more difficult for them? And self-admittedly you say you were not being nice? I doubt the pat-down was against protocol since he knew he was being recorded. Maybe the comment the TSA agent made was in bad taste, but nothing would have happened if you just went through security like everyone else.

You missed the retaliatory patdown.

Retaliatory patdowns should be treated at a minimum as assault and battery under color of authority and if there is any genital contact that should be elevated to sexual assault.


You just want us to act as sheep and forget about our rights.

Loren Pechtel Aug 4, 2013 9:14 pm


Originally Posted by Tika1505 (Post 21194354)
If you have the film, go You-tube with it! Publish it!

Also, if you have the name of the airport and the FSD, privately e-mail it to me. I am enlisting the help of all of everyone on this blog site to help me assemble a list of FSD's and their airports. The protocol for their contact is [email protected]. It is very important to get this information to the FSD, because their subordinates are very effective and very efficient at hiding violations from the FSD, and they are highly motivated to do so since it affects their pay and promotional opportunities. I have discovered, especially at SMF (Sacramento) that they play a game of making sure that the FSD only gets good reports. Afterall, when a bad one comes through, it looks bad on their performance reports, so they really are effective at hiding things.

Have you tried a FOIA request?


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