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Old May 25, 2010, 12:17 pm
  #46  
 
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Originally Posted by PTravel
It depends on how that anger is expressed. Battery includes unpermitted physical contact with physical objects closely connected to the victim. If, however, I was, for example, to kick my own rollaboard, after it was in my possession, I'd agree with you. As a general rule, it's not a good idea to get violent with someone else's stuff, even if you do it no damage.
Doesn't that only apply when things are actually "physically connected", rather than "in the possession of?". The way I remember it, that standard would apply if, for example, I were to rip a necklace off of you, not if I were to kick your dining room table while you were standing in the kitchen.

(Been a long time since the bar exam, and I don't practice criminal law, so I may be misremembering).
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Old May 25, 2010, 12:19 pm
  #47  
 
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Originally Posted by Bart
I don't have a problem with this. There are passengers who resort to physical violence or destruction. While not necessary to be put on a no-fly list, I think TSA should maintain a database for these types of passengers.
When I first read this line, I agreed with you. Then I began to think about it and realized that you are proposing to maintain a list of passengers that "aren't liked." These would be folks that weren't cited, weren't a threat to the public or the aircraft, and simply made the screeners uncomfortable. Prior to the TSA, I would have been torn, but ok with it, as it would have been a private party maintaining the list for its use - no different than if Target kicks me out of the store. Since the TSA, it would be a government list, handled by a public agency (or if contracted to a private company, on behalf of a public agency). At that point, the lack of due process and redress forces me to side against you.

As for TSOs who exhibit such behavior, they should be terminated.
Terminated. How appropriate. While I suppose you mean fired, I prefer to think of Arnold.
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Old May 25, 2010, 12:22 pm
  #48  
 
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Originally Posted by ehasbrouck
The TSA published a System of Records Notice for this database in February, 2010.

Other than TSA employees, the "Categories of individuals covered by this system include ... members of the public who have been involved in workplace violence at TSA facilities." So if you haven't actually been involved in violence, but merely were SPOTted as potentially violent in the future, they aren't allowed to keep a record about you.

But in February 2010, at the same time that they updated this notice, they proposed a rule that would exempt this data from disclosure, so there would be no way to find out if you are (illegally) in this database.

This is different from the TISS database used by SPOT, for which there doesn't appear to be any SORN at all, and the maintenance of which is therefore a criminal violation of the Privacy Act.
WOW!! Thanks for the links.
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Old May 25, 2010, 12:26 pm
  #49  
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Originally Posted by wildcatlh
Doesn't that only apply when things are actually "physically connected", rather than "in the possession of?". The way I remember it, that standard would apply if, for example, I were to rip a necklace off of you, not if I were to kick your dining room table while you were standing in the kitchen.

(Been a long time since the bar exam, and I don't practice criminal law, so I may be misremembering).
I believe you're right, and I don't practice criminal law and it has also been a long time since the bar exam. I was thinking more along the lines of kicking the conveyor while the TSO is leaning on it, or something like that. If I throw my laptop into a bin, breaking my laptop (but not the bin) in the process, I don't see how that would constitute assault or battery.
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Old May 25, 2010, 12:41 pm
  #50  
 
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Originally Posted by Bart
I didn't say anything about replacing it. I did point out, however, that minor incidents, that is, those other than clear-cut cases of assault or other more serious charges, are NOT tracked in any federal database. See my comments about the limitations of the NCIC.
There's a reason that they're not tracked in any federal database. The federal government has no business caring about minor incidents-- those are best left up to local law enforcement. Tracking minor incidents at the federal level screams of the most broad and sickening form of law enforcement scope creep I can think of.

Originally Posted by Bart
Actually, TSOs are trained not to get involved in physical altercations. TSOs can only take steps to defend themselves by either stepping away from the physical threat or by blocking punches and hits. I have to confess that I'm not so sure I could do that.
I feel for you, as I'm not so sure I could step away or just block to defend myself if someone took a swing at me either. But I'm glad that TSA trains its employees to not get physical with the public all the same, as I'm sure that not doing so could open the agency up to a myriad of trouble and lawsuits at times.

Originally Posted by Bart
These are documented incidents not just allegations. In other words, we're talking about a passenger who might throw shoes at a TSO; it gets reported to the LEO; but the LEO decides that arresting the individual for assault is not the way to go for whatever reason.
There could be a number of reasons that a LEO would decide to not press charges. I believe one other post already mentioned a lack of sufficient evidence as one. Local laws could require that law enforcement actually witness the altercation for it to be arrestable as well (I was told that DC laws actually required this after an incident I witnessed on the Metro).

At any rate if it's not serious enough for a real, trained law enforcement officer to feel that a law was broken, then it certainly shouldn't be up to TSA employees to do something. Doing so essentially ignores the advice, opinion, and training of a trained professional only to replace their judgment with the emotions of a bunch of untrained laypersons. As has been pointed out previously, I also believe it violates due process required by the Fifth Amendment.

Originally Posted by Bart
The incident would still be documented because there's no doubt that it happened. It wasn't made up. If it happens again, then the TSA/airline officials handling the second incident would be in a better position to determine if this is a cause for concern.
There is certainly doubt that it happened. Until someone has been convicted of doing something in a court of law there is always some degree of doubt.

Originally Posted by Bart
Everyone is entitled to having a bad day. But I would think that you, as a traveler, would be concerned whether or not the person sitting next to you is a potential air rage candidate based on his or her documented previous behavior.
Air rage? Really? AIR rage? Well, at least that was good for a laugh this afternoon...

Whether or not someone has been accused of acting inappropriately at a TSA checkpoint is no concern of mine when I sit next to them in an aircraft.

When you hop on a bus or train, do you worry about whether or not the person sitting next to you has ever suffered from "road rage" or "rail rage"? When you go out to eat, is "restaurant rage" a concern that keeps you from enjoying your meal? Is "mocha rage" a concern when you enter Starbucks? Or "sidewalk rage" when you walk next to someone going down the street? How about "dry cleaner rage" and "local supermarket meat counter rage"-- do they keep you up at night too?

I'm more worried about getting attacked in my sleep by lovable, fluffy bunnies who are out to steal my Lucky Charms than I am air rage. But maybe that's just me...

Originally Posted by Bart
I would think you'd agree that the airlines should be able to identify such potential behavior and participate in a joint decision to deny the individual from boarding should a repeat incident occur on the day of travel.

Guess I made the wrong call.
You sure did make the wrong call there. Whether or not an airline wants to deny a customer travel based upon some arbitrary, caprecious decision is between the passenger and the airline. The government has no place in making that decision based upon what some questionable individuals say happened at a checkpoint at some point in the past. To advocate otherwise ignores essential protections granted to individuals by the Fifth Amendment.
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Old May 25, 2010, 1:00 pm
  #51  
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TSA Passenger Database Unrelated to Terrorism

Since 2007, TSA has maintained a database of names, social security numbers, birthdates, home addresses, etc., of people involved in incidents at airports.

http://www.usatoday.com/travel/fligh...tch-list_N.htm
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Old May 25, 2010, 1:18 pm
  #52  
 
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Originally Posted by KCK
Since 2007, TSA has maintained a database of names, social security numbers, birthdates, home addresses, etc., of people involved in incidents at airports.
All the more reason to NOT cooperate with TSOs by handing them your ID or boarding pass if they request it once you've passed the TDC.
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Old May 25, 2010, 1:49 pm
  #53  
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Last edited by Bart; Dec 5, 2010 at 7:33 pm
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Old May 25, 2010, 2:01 pm
  #54  
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Originally Posted by clrankin
Whether or not someone has been accused of acting inappropriately at a TSA checkpoint is no concern of mine when I sit next to them in an aircraft.
+1 ^

Originally Posted by clrankin
I'm more worried about getting attacked in my sleep by lovable, fluffy bunnies who are out to steal my Lucky Charms than I am air rage. But maybe that's just me...
You have more to worry about if you dare to fly with Lucky Charms. Pack 3.5 ounces of those gel like marshmallow pieces and a fluffy blue smurf will steal them from you.

Originally Posted by Bart
If there's an incident when a passenger struck a TSO, shouldn't TSA be able to refer to this database for previous incidents? And shouldn't it be a matter of interest to the airlines that a passenger has a history of such behavior? Or are you suggesting that 30,000 feet in the air is the first time that this pattern of behavior should be discovered?

When it comes to denying a passenger from boarding a plane based on this type of behavior, I believe it should be a joint decision between TSA and the affected airline. It all comes down to the airline deciding whether or not a passenger who exhibits documented potential for violence should be allowed to fly.
You're wrong again, cupcake breath. Suppose passenger Mr. Ima Smurfstomper has that rare unique hobby of "TSO Bashing." On each segment he has five opportunities to practice his hobby. His first encounter in the lobby with a BDO team; his encounter with your front man the TDC; the bonanza concentration of TSOs at the checkpoint; a second encounter with members of your ESP Division wandering aimlessly in concourse A; and finally during a gate rape by a gaggle of TSOs who don't trust the checkpoint guys to have done their job properly.

Once boarded, Mr. Smurfstomper can no longer practice his hobby, as there are no TSOs on planes. (Well not yet, although the TSA Mission Creep Department is no doubt working on fixing that big loophole. ) Like a person on the No Fly list with no WEI, he is not a threat to his fellow pax.

Your assumption that a person who once punched a TSO he suspected of stealing his Rolex is a threat to the dude in 10A is a logic fallacy, something TSA and its ilk are good at.

Mother Russia thanks you all for hiring all those unemployed KGB agents to create secret lists and databases for you. Suggest hiring a lawyer who can Google "Bill of Rights" and "U.S. Constitution."
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Old May 25, 2010, 2:06 pm
  #55  
 
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Originally Posted by FriendlySkies
+1

There is no way I am going to give some TSO my SSN or other personal info! I don't care if a LEO is involved.
1) I wouldn't even give my SSN to a LEO without a court order.

2) Ask/Demand that the LEO not release any information they have collected to the TSA. In California, a state LEO is bound to keep information they gather in an encounter of any kind strictly secret. When I had the run in over my NEXUS card, I did this and the LEO actually got in a shouting match with the TSA idiots over the fact that he wouldn't release my DL number, phone number or address to them.
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Old May 25, 2010, 2:06 pm
  #56  
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Originally Posted by Bart
Originally Posted by clrankin
Air rage? Really? AIR rage? Well, at least that was good for a laugh this afternoon...
Not my term. The airlines came up with that. I'm surprised you've never heard of that.
Why would the airlines propagate such a mythical term? That would be like Audi yammering on about sudden acceleration syndrome (which was really just stupid drivers).
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Old May 25, 2010, 2:17 pm
  #57  
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Originally Posted by N1120A
1) I wouldn't even give my SSN to a LEO without a court order.

2) Ask/Demand that the LEO not release any information they have collected to the TSA. In California, a state LEO is bound to keep information they gather in an encounter of any kind strictly secret. When I had the run in over my NEXUS card, I did this and the LEO actually got in a shouting match with the TSA idiots over the fact that he wouldn't release my DL number, phone number or address to them.
More the reason to only use a PP Card for airport ID.

If pressed to give additional information do it away from TSA checkpoint areas.
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Old May 25, 2010, 2:27 pm
  #58  
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Originally Posted by clrankin
Air rage? Really? AIR rage? Well, at least that was good for a laugh this afternoon...
But but but it must exist. Why over on Mr. Gore's Internet thingy it has it's own web site www.airrage.org.
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Old May 25, 2010, 2:31 pm
  #59  
 
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Originally Posted by Boggie Dog
More the reason to only use a PP Card for airport ID.

If pressed to give additional information do it away from TSA checkpoint areas.
I only use my NEXUS card. The DL number was for the LEO.
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Old May 25, 2010, 2:39 pm
  #60  
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Originally Posted by Flaflyer
But but but it must exist. Why over on Mr. Gore's Internet thingy it has it's own web site www.airrage.org.
Wow, and they have a link where you can buy this book:



Written by "Anonymous".
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