Permission before touching you
 

Here at SFO, where "unpredictable" pat-downs are actually predictable, the TSA staff just start frisking you without asking permission. Although one is required to "complete the screening process" after stepping through the metal detector, aren't the TSA supposed to either ask permission, or notify you that they are going to touch you?

A lawyer would have to answer that question, specifically with regard to California law. IANAL, but, according to my medico-legal classes for my EMT-B certification and former EMT-P license, here in Maryland that action would possibly subject me to charges of Battery.

Up north, all we have to do is tell and ask for sore spots. If you seems uncomfortable, we can offer to do it in private.

Yes, I would be in deep trouble if I touched a patient--in any way--without his or her consent.

The screeners at SFO are not TSA, they are contractors. If you look carefully, you will see that they are not wearing TSA uniforms or badges.



On the topic of your question, I'm not a lawyer, but I teach for the Red Cross, and we teach our emergency care students that touching a person without consent (either obtained consent or implied consent) constitutes battery.

Same rules apply. Explain process and ask for sore spots, offer private screening under certain conditions. About it.

Well here we go again. Having cleared security without incident and in the process of trying to get dressed I was severely reprimanded for not getting dressed fast enough. My attempts to obtain ID information from the TSO failed, so I sought a compaint form from the Supervisor. Whereupon he called the TSO over and she advised him that I had touched her. He volunteered that "he could call the police and she could have me arrested".

To make a long story short, at the police counter on the secure side a form was produced with the complaint of battery (actually described as a PC ###, which didn't mean anything to me). When the LA police arrived they handcuffed me and escorted me to the station.

A month later a conference call was arranged with an assisstant DA who advised that there was nothing on the video to substantiate the claim and they didn't feel it was worth their time to pursue the action. Interestingly enough the assistant DA suggested that in the future when a traveler feels that they are being abused in some fashion they should just let it go.

Wanting to file a counter claim against the TSO to make me whole only for time and legal fees, I was advised by the TSA that the video could not be made available to me as it was in the control of the DA's office, and the DA's office advised they couldn't release it because it was the property of the TSA and had to be approved by them. Upon getting back to the TSA they advised that releasing it would compromise national security, and I would have to seek relief under the Freedom of Information Act (FIA). Remember that under the Bush administration, it is up to the party to prove that the contents of the video do not contain security information, and as I don't know what else can be seen on the video, according to my attorney as such it would be exremely difficult to prove security would not be affected.

So, yes apparently you can be charged and arrested for battery for allegedly touching someone in the State of California, as anyone can sue anyone in the US. Whether or not you prevail is another matter.

Remembering that even paranoid people have enemies, I had the sense that these forms are preprinted in anticipation of having to defuse a passenger complaint.

Any thoughts?

If the DA is allowed to see the video then obviously it does not contain any information that could be deemed of national security interest. If the TSA claims the video is SSI the judge can review it in camera.

You can also file a complaint with the FBI http://www.fbi.gov/hq/cid/civilrights/color.htm

Dear Trollkiller - To be more specific although the assistant DA said they had the video, in their possession, she based the DA's decision not to pursue the complaint based on the "relevant photographs" that were provided from the video which didn't show anything. I was however advised that if I were arrested again in LA County within the year they would initiate action.

Of course, not being paranoid, I inquired as to "who decided which photos or scenes were relevant".

It is my understanding that the new Obama administration has shifted the onus to the Government to demonstrate that a requested document would compromise national security. So with the playing field reversed I would probably stand a better chance of obtaining the video. However, it now being 6 years since my arrest, and $6000 later I believe there are now more important causes to pursue.

I apologize for the above clarification, but for the sake of brevity I simplified the story. However, rest assured the sum and substance of what transpired is 100% correct. In fact the arresting LA police officers by their body language and inuendo to me felt they were wasting their time with this BS, including a comment that I had recourse. Putting aside the procedural necessities of having to arrest me (handcuffing, placing me in the back of the squad car, photos and fingerprints, etc. they treated me with the utmost dignity. And their action, once the DA made a decision, was followed up by a complimentary letter to the desk sargeant on duty the night of my arrrest.

If you want to complain you must also compliment when it is earned!

Once again, here we go. You STILL believe you have citizens' rights once in the hands of this nasty agency? NO! You are no longer in America, once you have stepped upon Airport Soil. Different country entirely, and they can and will prove it, using you as the P.E. (Public Example.)

They handcuffed you and drove you downtown NICELY?!??!! Are you LISTENING TO YOURSELF???

Somebody wrongfully handcuffs this old guy had better be ready for years (if that's what it takes) of litigation. And a few minutes in the alley (all I want is ONE kneecap, and I ain't particular which side.)

Yep. Can and would.

Thing is, I'm not dumb enough to go to airports any more.

The FBI complaint would be against the TSO that used their authority and under color of law had you arrested when they knew the charge was false.

Most likely after 6 years that TSO is no longer working for the TSA so I doubt you would get any satisfaction at this point.

My advice at this point would be to spend your money on current issues.