Community
Wiki Posts
Search

IAH TSA: Interrogating A Child?

Thread Tools
 
Search this Thread
 
Old May 19, 2010 | 1:16 pm
  #76  
FlyerTalk Evangelist
 
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Originally Posted by elgringito
I have already cited that the responibilities of a TSA representative can extend beyond what you state their responsibilities should be limited to.
And you are mistaken. I've already explained why your reliance on TSA's propaganda is misplaced.

We were not there to determine if the only reason for the TSA representatives concern was SOLELY a child crying as you wish to believe or whether there were other indications to raise the level of concern.
Were you there to determine whether the child was carrying weapons, explosives or incendiaries? If not, you exceeded your legal authority. By the way, unauthorized separation and detention of a child from its parents without parent consent constitutes kidnapping when asportation (moving the child) takes place. Don't blame me -- it's only the law.

It is difficult me to conceive of a TSA representative subjecting themselves to the potential second guessing based SOLELY on a few tears as you would indicate, but then again I am perhaps less skeptical than you.
I see TSOs second-guessing all the time. Regardless, I'll say it one more time:

EVEN IF THE TSO HAS A GOOD FAITH BELIEF THAT A CHILD IS BEING KIDNAPPED OR ABUSED, he lacks ANY legal authority to do anything about it.

By intervening, the TSO assumes the same risks as any citizen, i.e. he'd better be right or he will incur liability.
PTravel is offline  
Old May 19, 2010 | 1:55 pm
  #77  
Moderator: American AAdvantage
10 Countries Visited
20 Countries Visited
30 Countries Visited
40 Countries Visited
 
Join Date: May 2000
Location: NorCal - SMF area
Programs: AA LT EXP; HH LT Diamond, Matre-plongeur des Muccis
Posts: 62,948
Separating a child from her guardian and questioning her without a responsible adult present, and without probable cause - tovarich, it's merely SOP with the Федеральная служба безопасности!

?l
Originally Posted by jkhuggins
Attempting to comfort a passenger in distress? Sure, no problem.

Separating a child from her guardian and questioning her without a responsible adult present, and without probable cause? That's more problematic.
JDiver is offline  
Old May 19, 2010 | 2:44 pm
  #78  
A FlyerTalk Posting Legend
10 Countries Visited
Conversation Starter
All eyes on you!
20 Years on Site
 
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 47,235
Let's hope Little Debbie gives the screeners a reason to cry next time they pull a stunt like this....she's 11, so the kick doesn't need to go that high.
bocastephen is offline  
Old May 19, 2010 | 3:05 pm
  #79  
 
Join Date: Aug 2003
Location: Newport, NJ, USA
Posts: 2,114
Originally Posted by PTravel
And you are mistaken. I've already explained why your reliance on TSA's propaganda is misplaced.

Were you there to determine whether the child was carrying weapons, explosives or incendiaries? If not, you exceeded your legal authority. By the way, unauthorized separation and detention of a child from its parents without parent consent constitutes kidnapping when asportation (moving the child) takes place. Don't blame me -- it's only the law.

I see TSOs second-guessing all the time. Regardless, I'll say it one more time:

EVEN IF THE TSO HAS A GOOD FAITH BELIEF THAT A CHILD IS BEING KIDNAPPED OR ABUSED, he lacks ANY legal authority to do anything about it.

By intervening, the TSO assumes the same risks as any citizen, i.e. he'd better be right or he will incur liability.
Please assist me by providing a reference that states the limitations on the role of the TSA representatives - I not only have not been able to find such references but believe the references I have documented in fact do not indicate such limitations. Your simply repeating yourself in my estimation adds little validity to your statement(s).

TSO's may second guess often, my comment if you reread it, was that I cannot imagine a TSA representative subjecting THEMSELVES to the second guessing that would result for stopping and question a child over a few tears. A citizen or TSA agent has at least a moral responsibility to report a suspected act of kidnapping or abuse. It's done with regularity. See also below

http://www.americanhumane.org/about-...e-neglect.html

In most states, professionals who work with children in any capacity are identified as mandated reporters and are required by law to report suspected child abuse or neglect. Approximately 18 states define mandated reporters more broadly to include any citizen who suspects that a child is being abused or neglected.
As previously referenced, there are in fact laws protecting those who intervene in good faith where abuse or kidnapping is suspected, you might have missed this so I'll repeat it below.

http://www.nmsa.org/Publications/Mid...6/Default.aspx

G.S. 7B-309: Immunity of persons reporting and cooperating in an investigation.

Anyone who makes a report pursuant to this Article is immune from any civil or criminal liability that might otherwise be incurred or imposed for that action provided that the person was acting in good faith. (North Carolina General Statutes, 1999)
Originally Posted by GUWonder
Minor children cry at airports every day and such little persons crying at airport was the case before the TSA and it will be the case after the TSA. The TSA wasn't needed before to save the children and the TSA is still not needed to save the children today.

The TSA has no more business or right in interfering in a parent-child relationship in the absence of a rational observation of unlawful activity than a drug-abusing panhandler does.
And when a child shows the signs of abuse, they were historically ignored every day. Fortunately, it is no longer the case. Whereas it is true "The TSA wasn't needed before to save the children and the TSA is still not needed to save the children today." it does not mean that when faced with what appears to be child abuse that is wrong to take action - whether you are a TSA representative, a concierge at a hotel, a taxi driver, a bus driver or yes, even a "... drug-abusing panhandler". As quoted below, the law and others support this viewpoint.

When one witnesses the possible signs of child abuse, one has a least a moral responsibility to act. This is not just my opinion and a TSA representative is a part of the community just as any other citizen

http://www.americanhumane.org/about-...e-neglect.html

Protecting children from abuse and neglect is a community responsibility. Most adults want to help children and their families, but are unsure how to get involved. Often, it can be as simple as helping out a neighbor who needs a break by watching his or her child for a few hours. At other times, you may have more serious worries or suspicions that a child may have already been harmed or neglected. Figuring out next steps can be a difficult and confusing process. What is most important is to not let discomfort and confusion interfere with helping children be safe, even if you must reach out to others for professional help.

In most states, professionals who work with children in any capacity are identified as mandated reporters and are required by law to report suspected child abuse or neglect. Approximately 18 states define mandated reporters more broadly to include any citizen who suspects that a child is being abused or neglected.1

No matter your state laws, learning the appropriate ways to respond to suspected maltreatment and becoming an informed and involved community member are important first steps toward protecting children. Remember, it is the responsibility of all individuals and community members not just mandated reporters to respond to the suspected maltreatment of any child. Trust your instincts. Just as we all know to call 911 in a medical emergency, we need to have an action plan for times when we suspect children are being abused or neglected.
Originally Posted by bocastephen
Let's hope Little Debbie gives the screeners a reason to cry next time they pull a stunt like this....she's 11, so the kick doesn't need to go that high.
And let's hope Little Debbie does not find herself and her parents in juvenile hall.

Last edited by Cholula; May 20, 2010 at 5:51 am Reason: Merging multiple, successive posts
elgringito is offline  
Old May 19, 2010 | 3:18 pm
  #80  
Suspended
 
Join Date: May 2005
Posts: 4,953
Originally Posted by elgringito
And when a child shows the signs of abuse, they were historically ignored every day. Fortunately, it is no longer the case. Whereas it is true "The TSA wasn't needed before to save the children and the TSA is still not needed to save the children today." it does not mean that when faced with what appears to be child abuse that is wrong to take action - whether you are a TSA representative, a concierge at a hotel, a taxi driver, a bus driver or yes, even a "... drug-abusing panhandler". As quoted below, the law and others support this viewpoint.

When one witnesses the possible signs of child abuse, one has a least a moral responsibility to act. This is not just my opinion and a TSA representative is a part of the community just as any other citizen

http://www.americanhumane.org/about-...e-neglect.html
You just don't get it, do you?
doober is offline  
Old May 19, 2010 | 3:18 pm
  #81  
 
Join Date: Mar 2007
Location: Somewhere near BWI
Programs: DL DM, HH Dia, SPG Gold, MR Plat, Hertz PC
Posts: 3,654
Originally Posted by elgringito
Please assist me by providing a reference that states the limitations on the role of the TSA representatives - I not only have not been able to find such references but believe the references I have documented in fact do not indicate such limitations. Your simply repeating yourself in my estimation adds little validity to your statement(s).
Personally, I do not find TSA Press Releases or any references relying on information from Wikipedia to be authoritative and legally-binding on my actions.

Absent proof that TSA has been granted the statutory or regulatory authority to pull the actions that were expressed in the OP, I operate under a limited government attitude. Prove to me that they have the authority to act as they did, by doing the research with direct links to the relevant sections of the USC or CFR and I will accept it. Absent that information, TSA is limited to the search for WEI, as has been shown in many links provided in this thread and others (see Fofana for the most recent example of a court slapping TSA for overstepping their statutory authority).

As for your assertion about child abuse/neglect and the immunity clauses, TSA is probably covered by that. However, those clauses all rely on the person reporting the claim to be reporting it to a valid LE entity, not taking it upon themselves to insert themselves into the mix and perform the investigative work. IANAL (unlike PTravel and others), but, IMO, a TSO acting like the ones in the OP would not be covered by those clauses. A TSO reporting a claim to a LEO for review by LE would be covered under those clauses.
DevilDog438 is offline  
Old May 19, 2010 | 3:22 pm
  #82  
 
Join Date: Nov 2008
Posts: 3,657
Originally Posted by elgringito
When one witnesses the possible signs of child abuse, one has a least a moral responsibility to act.
Oh, please. "Girl crying in airport" is not a sign of child abuse.
jkhuggins is offline  
Old May 19, 2010 | 3:22 pm
  #83  
Suspended
 
Join Date: May 2005
Posts: 4,953
Originally Posted by elgringito
As previously referenced, there are in fact laws protecting those who intervene in good faith where abuse or kidnapping is suspected, you might have missed this so I'll repeat it below.
Screeners have been told not to do CPR on someone who might be having a heart attack; do you think TSA is going to be happy with a screener who steps away from his job because he thinks a child might be being kidnapped or abused?
doober is offline  
Old May 19, 2010 | 3:23 pm
  #84  
 
Join Date: Aug 2003
Location: Newport, NJ, USA
Posts: 2,114
Originally Posted by nbs2
Two questions:

1) How would a LEO asking "Are you ok?" be escalating? I haven't seen any call for detention while the LEO shows up. After all, don't families take about 2.5 hours to get resettled after going through security?

2) Is a crying child a weapon, explosive, or incendiary?
Isn't it rather obvious that the travellers in the original post would have had to have been detained until an LEO could arrive? A sensitive child might then be very intimidated waiting for the LEO and then further intimidated when confronted by the "real" policeman, might they not?

(At security Friday night and Saturday morning in Terminal B at IAH, I do not recall seeing an LEO in the screening area or at the terminal.)

Originally Posted by jkhuggins
Oh, please. "Girl crying in airport" is not a sign of child abuse.
"Oh, please." how do you know a few tears, which it appears you are implying, was the only reason for the concern? To paraphrase a line from Shakespeare, "methinks the TSA haters doth protest too much."

Originally Posted by doober
Screeners have been told not to do CPR on someone who might be having a heart attack; do you think TSA is going to be happy with a screener who steps away from his job because he thinks a child might be being kidnapped or abused?
Further supporting my earlier comments that I find it difficult to conceive of a TSA representative subjecting THEMSELVES to the second guessing that would occur by questioning child abuse of a few tears. I suspect that the TSA representative in question may have just as likely been supported by their colleagues as questioned by them.

Last edited by Cholula; May 20, 2010 at 5:52 am Reason: Merging multiple, successive posts
elgringito is offline  
Old May 19, 2010 | 3:34 pm
  #85  
 
Join Date: Nov 2008
Posts: 3,657
Originally Posted by elgringito
"Oh, please." how do you know a few tears, which it appears you are implying, was the only reason for the concern?
And how do you know that it wasn't?
jkhuggins is offline  
Old May 19, 2010 | 3:46 pm
  #86  
A FlyerTalk Posting Legend
10 Countries Visited
Conversation Starter
All eyes on you!
20 Years on Site
 
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 47,235
Originally Posted by elgringito
And let's hope Little Debbie does not find herself and her parents in juvenile hall.
An 11yr old is not going to jail for defending herself against attack - your assertion here is really a little offbeat. If I had a child, I certainly would have taught them to use violence to disable an attacker and get away - parents send their children to this training all the time. As a child, I was sent to karate school (against my will) and taught how to protect myself from an adult or even other child trying to grab and harm me - it was a necessity while living in the big city and walking to/from school, being out and about alone, taking transit, etc. If another adult tried to grab me or pull me away from my parents or restrain me in some way, you bet the toe end of my shoe would have been firmly planted in their peanut orchard before I took off running.

I really can't believe you've put so much effort into defending the TSA over this. It's NONE of their business. None. Zero. Zilch. None of mine. None of yours.

If the child is screaming for help and trying to get away from someone, that's one thing - but standing there and crying? You've never seen a child stand and cry before? Acquire one of your own and give it a try - you'll find this behavior is somewhat universal. Highly annoying, but universal nonetheless.
bocastephen is offline  
Old May 19, 2010 | 3:46 pm
  #87  
Original Poster
 
Join Date: Sep 2009
Location: IAH & PHL
Programs: United Premier Silver
Posts: 326
Originally Posted by Trollkiller
So now you want them to be counselors? It is perfectly acceptable to ask a child why they are crying, even if you are wearing a faux police uniform.

The OP stated the child was kept in line of sight with the mother. The mother could have regained total control of the child at any time.

The TSOs did the right thing by checking on the welfare of the child before escalating it to a LEO. The child was fine but sad. The child and mother were allowed to continue on their trip without further delay.

The OP should be grateful that someone cared enough to check on the welfare of the sister.

No where in the OP's story did they state the TSOs were rude, overbearing, abusive or licking their lips in hopes of the big catch.

The TSOs simply took the girl to the side so she would feel safe if there was a problem. They asked her why she was crying and when they found out the reason was minor, they sent the girl on the way.

I hope if my 12 year old daughter is crying at the airport that someone has the guts to find out why. I would hate to hear "we saw her crying but we did not want to interfere" in response to the question of "how did the kidnap victim get past you?"
The biggest problem is for me, that she wasn't making a scene by refusing to go nor was she throwing a temper tantrum. She was simply crying.

If I'm the TSO who believes something is amiss, then I notify my supervisor or a LEO. Let them handle it. Maybe the police simply trail my mother and sister and see if there is reason to be alarmed. Perhaps they, as someone else mentioned, make a small talk comment about her being sad. That's what police officers are trained for.

But when one TSO decides to make a scene and then calls a few of their colleagues over to only heighten the embarrassment, I think was totally unnecessary.

I called my Mom to have her clarify what happened and she said that the TSO's were indignant and she felt like she'd done something wrong because they pulled her aside and "made a scene".
RockyBalboa is offline  
Old May 19, 2010 | 3:47 pm
  #88  
 
Join Date: Aug 2003
Location: Newport, NJ, USA
Posts: 2,114
Originally Posted by jkhuggins
And how do you know that it wasn't?
I don't - do you? Since I must assume you have no more first hand knowledge than I do - why do you and others feel it so easy to denigrate the performance of the TSA representative?

I have stated it is difficult to conceive of the TSA representative subjecting themself to the second guessing of questioning the child over a few tears and as such I conclude their gesture whether justified or not to have at least been in good faith.

Can you tell me you honestly believe the TSA representative was acting like a "jackboot" as one person put it or on a power trip as others have suggested by questioning an 11 year old? I can't and I have seen some TSA agents I thought were on nothing more than a power trip as well as been helped by a considerate representative.
elgringito is offline  
Old May 19, 2010 | 3:53 pm
  #89  
A FlyerTalk Posting Legend
10 Countries Visited
Conversation Starter
All eyes on you!
20 Years on Site
 
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 47,235
Originally Posted by elgringito
....Can you tell me you honestly believe the TSA representative was acting like a "jackboot" as one person put it or on a power trip as others have suggested by questioning an 11 year old? ...
Yes. The TSA has NO business "questioning" an 11 year old under any circumstances, especially away from a parent - but they should not be talking to them at all.
bocastephen is offline  
Old May 19, 2010 | 3:54 pm
  #90  
 
Join Date: Nov 2008
Posts: 3,657
Originally Posted by elgringito
Can you tell me you honestly believe the TSA representative was acting like a "jackboot" as one person put it or on a power trip as others have suggested by questioning an 11 year old?
Sure, I believe it's possible. I've read plenty of examples here of TSA representatives exceeding their authority, trying to score the "big find". Read about the Fofana case. Read about the Bierfieldt case.
jkhuggins is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.