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-   -   List of cases the TSA has blown with illegal behavior. (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1019764-list-cases-tsa-has-blown-illegal-behavior.html)

Ari Nov 26, 2009 8:18 am


Originally Posted by Trollkiller (Post 12883285)
What I was looking for in this thread was basically a laundry list that we could refer back to where the TSA has lost or caused a case to be lost due to them over stepping their bounds.

The Ron Paul guy's case would fit in here but I don't know where to get the legal docs. If you have a link to the docs post it here.

There's no ruling; only a motion by the ACLU to drop the case . . .


Pursuant to Fed. R. Civ. P. 41(a)(2), plaintiff Steven Bierfeldt hereby moves to dismiss this action.

After this lawsuit was filed, defendant issued TSA Management Directive No. 100.4 (effective September 1, 2009) and TSA Operations Directive No. 400-54-6 (effective October 29, 2009). Those directives address the TSA policies and procedures challenged in this lawsuit.

Trollkiller Nov 26, 2009 9:23 am


Originally Posted by Ari (Post 12883468)
There's no ruling; only a motion by the ACLU to drop the case . . .

How binding is the agreement?

SATTSO Nov 26, 2009 10:07 am

Yeah, this is very interesting to talk about, and these cases have important implications, but whY I would find interesting is how many arrest and convictions have been made because of what TSOs have found at the checkpoints and baggage, compared to how many cases such as this? What is the ratio between successful and unsuccessful arrest and convictions? Are we talking less than 1%, and if so how much less? Or do you h
think it's higher? Or will you chose to look at it another way to go along with your convictions?

IrishDoesntFlyNow Nov 26, 2009 11:30 am


Originally Posted by SATTSO (Post 12883906)
Yeah, this is very interesting to talk about, and these cases have important implications, but whY I would find interesting is how many arrest and convictions have been made because of what TSOs have found at the checkpoints and baggage, compared to how many cases such as this? What is the ratio between successful and unsuccessful arrest and convictions? Are we talking less than 1%, and if so how much less? Or do you h
think it's higher? Or will you chose to look at it another way to go along with your convictions?


I'd make it even money that most of the arrests were based on illegally obtained evidence and the convictions would thereby be unconstitutional. Most aren't appealed to a level that would a determination about constitutionality.

If it wasn't WEI, I tend to believe it's likely the TSO overstepped his/her bounds. No real data, so no way to know. But that would be my guess.

~~ Irish

SATTSO Nov 26, 2009 12:37 pm


Originally Posted by IrishDoesntFlyNow (Post 12884183)
I'd make it even money that most of the arrests were based on illegally obtained evidence and the convictions would thereby be unconstitutional. Most aren't appealed to a level that would a determination about constitutionality.

If it wasn't WEI, I tend to believe it's likely the TSO overstepped his/her bounds. No real data, so no way to know. But that would be my guess.

~~ Irish

Are you suggesting in the most likely hundreds if not several thousand of instances where there was an arrest and charges pressed by he DA the defense lawyers for such peolpe were incompentent, that these lawyers didn't know or want or think they could appeal these things? I would find that very hard to believe.

Tom M. Nov 26, 2009 1:23 pm


Originally Posted by SATTSO (Post 12884388)
Are you suggesting in the most likely hundreds if not several thousand of instances where there was an arrest and charges pressed by he DA .

Your first task to is try and support this statement.

You can start by arrests at your airport...

IrishDoesntFlyNow Nov 26, 2009 1:47 pm


Originally Posted by SATTSO (Post 12884388)
Are you suggesting in the most likely hundreds if not several thousand of instances where there was an arrest and charges pressed by he DA the defense lawyers for such peolpe were incompentent, that these lawyers didn't know or want or think they could appeal these things? I would find that very hard to believe.

a) Your questions wasn't about "charges" -- it was about "convictions".

b) Are you suggesting there exist "in the most likely hundreds if not several thousand of instances where there was an arrest and charges pressed" for something other than WEI?* (If so, then, yes, I'm suggesting it's even money any particular charge was tainted and I'm suggesting a large number of those "charged" didn't go to trial, or were charged with misdemeanors, or were pled down or away, or were STET'd, or had any other of many outcomes that wouldn't justify the expense of an appeal.)

c) I'm also stating (not just suggesting) there's no actual DATA. So, it's all guesswork on either side.

~~ Irish
EDIT: *p.s. A LEO doesn't need a SA's approval to arrest and charge someone.

Ari Nov 26, 2009 1:54 pm


Originally Posted by Trollkiller (Post 12883719)
How binding is the agreement?

There is not any agreement that I know of . . . it is possible one exists, but there is no metion of one anywhere in the record.

Trollkiller Nov 26, 2009 2:25 pm


Originally Posted by SATTSO (Post 12883906)
Yeah, this is very interesting to talk about, and these cases have important implications, but whY I would find interesting is how many arrest and convictions have been made because of what TSOs have found at the checkpoints and baggage, compared to how many cases such as this? What is the ratio between successful and unsuccessful arrest and convictions? Are we talking less than 1%, and if so how much less? Or do you h
think it's higher? Or will you chose to look at it another way to go along with your convictions?

I think the percentage of times the TSA oversteps their search limit is way higher than 1%. If you just count how many people were referred to LEOs for nothing more than cash and then an arrest stemmed from that, it has to be higher than 1%.

Just because you have an illegal arrest does not mean you will avoid conviction. A lot of the time it has to do with how much money and time you are willing to invest in defense.

Say a TSO illegally searches and finds a bag of weed. The DA offers a sweetheart deal of 6 months probation and $100 fine. Would you take the deal or spend thousands of dollars fighting the bad search?

Trollkiller Nov 26, 2009 2:28 pm


Originally Posted by Ari (Post 12884632)
There is not any agreement that I know of . . . it is possible one exists, but there is no mention of one anywhere in the record.

I remember, or at least I think I do, that the lawsuit was dropped as long as the TSA held up their end. If I remember right I read that in a newspaper article. I will try and locate it. I was hoping it was in the record.

SATTSO Nov 26, 2009 5:38 pm


Originally Posted by Tom M. (Post 12884525)
Your first task to is try and support this statement.

You can start by arrests at your airport...

No, it's not my task, sorry.

SATTSO Nov 26, 2009 5:39 pm


Originally Posted by IrishDoesntFlyNow (Post 12884601)
a) Your questions wasn't about "charges" -- it was about "convictions".

b) Are you suggesting there exist "in the most likely hundreds if not several thousand of instances where there was an arrest and charges pressed" for something other than WEI?* (If so, then, yes, I'm suggesting it's even money any particular charge was tainted and I'm suggesting a large number of those "charged" didn't go to trial, or were charged with misdemeanors, or were pled down or away, or were STET'd, or had any other of many outcomes that wouldn't justify the expense of an appeal.)

c) I'm also stating (not just suggesting) there's no actual DATA. So, it's all guesswork on either side.

~~ Irish
EDIT: *p.s. A LEO doesn't need a SA's approval to arrest and charge someone.

Yeah, it is guess work. That was sort of my point in my first post. Glad you got it. ;)

SATTSO Nov 26, 2009 5:45 pm


Originally Posted by Trollkiller (Post 12884752)
I think the percentage of times the TSA oversteps their search limit is way higher than 1%. If you just count how many people were referred to LEOs for nothing more than cash and then an arrest stemmed from that, it has to be higher than 1%.

Just because you have an illegal arrest does not mean you will avoid conviction. A lot of the time it has to do with how much money and time you are willing to invest in defense.

Say a TSO illegally searches and finds a bag of weed. The DA offers a sweetheart deal of 6 months probation and $100 fine. Would you take the deal or spend thousands of dollars fighting the bad search?

True, but how many times when something like weed is found is the search illegal? I have found drugs; the searcha I did were not illegal.

And the answer to your question about a legal defense depends and more info than you provided.

IrishDoesntFlyNow Nov 26, 2009 6:53 pm


Originally Posted by SATTSO (Post 12885169)
Yeah, it is guess work. That was sort of my point in my first post. Glad you got it. ;)

Sort of hard to miss, since I made the statement in my original post to which you responded. Have a problem taking "yes" for an answer?

~~ Irish

SATTSO Nov 26, 2009 7:00 pm


Originally Posted by IrishDoesntFlyNow (Post 12885325)
Sort of hard to miss, since I made the statement in my original post to which you responded. Have a problem taking "yes" for an answer?

~~ Irish

Lol don't be stupid. This thread was started to highlight cases that TSA "messed up". My point is, so? It happens and it will happen with ANY agency. But uless you put it it perspective, as in hlout of how many total, then it becomes sort of pointless to talk about it. We have no data out of all the arrest and possible convictions because of what TSOs found; it's all a guess, thus, somewhat pointless to speculate about.

Edit: acually my original post was NOT to you. I post a statement/question to the threan in general. Where are you getting that my original post was to you?


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