Argue with a screener - your name goes on a list
#46
Join Date: Jun 2008
Location: FLL
Posts: 393
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.
(Been a long time since the bar exam, and I don't practice criminal law, so I may be misremembering).
#47
Join Date: Jul 2007
Location: HOU
Posts: 459
As for TSOs who exhibit such behavior, they should be terminated.
#48
Join Date: Nov 2005
Location: on the path to perdition
Programs: Delta, United
Posts: 4,785
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.
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.
#49
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
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).
(Been a long time since the bar exam, and I don't practice criminal law, so I may be misremembering).
#50
Join Date: Apr 2003
Location: IAD
Programs: *wood Gold
Posts: 1,781
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.
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...
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.
#51
Join Date: May 2009
Posts: 314
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
http://www.usatoday.com/travel/fligh...tch-list_N.htm
#52
Join Date: Apr 2003
Location: IAD
Programs: *wood Gold
Posts: 1,781
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.
#54
FlyerTalk Evangelist
Join Date: Jul 2005
Location: The Sunshine State
Programs: Deltaworst Peon Level, TSA "Layer 21 Club", NW WP RIP
Posts: 11,370
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.
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.
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."
#55
Join Date: May 2006
Location: MYF/CMA/SAN/YYZ/YKF
Programs: COdbaUA 1K MM, AA EXP, Bonbon Gold, GHA Titanium, Hertz PC, NEXUS and GE
Posts: 5,839
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.
#56
FlyerTalk Evangelist
Join Date: Oct 2006
Location: Marriott or Hilton hot tub with a big drink <glub> Beverage: To-Go Bag™ DYKWIA: SSSS /rolleyes ☈ Date Night: Costco
Programs: Sea Shell Lounge Platinum, TSA Pre✓ Refusnik Diamond, PWP Gold, FT subset of the subset
Posts: 12,509
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).
#57
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,110
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.
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.
If pressed to give additional information do it away from TSA checkpoint areas.
#58
FlyerTalk Evangelist
Join Date: Jul 2005
Location: The Sunshine State
Programs: Deltaworst Peon Level, TSA "Layer 21 Club", NW WP RIP
Posts: 11,370
#59
Join Date: May 2006
Location: MYF/CMA/SAN/YYZ/YKF
Programs: COdbaUA 1K MM, AA EXP, Bonbon Gold, GHA Titanium, Hertz PC, NEXUS and GE
Posts: 5,839
#60
FlyerTalk Evangelist
Join Date: Oct 2006
Location: Marriott or Hilton hot tub with a big drink <glub> Beverage: To-Go Bag™ DYKWIA: SSSS /rolleyes ☈ Date Night: Costco
Programs: Sea Shell Lounge Platinum, TSA Pre✓ Refusnik Diamond, PWP Gold, FT subset of the subset
Posts: 12,509
But but but it must exist. Why over on Mr. Gore's Internet thingy it has it's own web site www.airrage.org.
Written by "Anonymous".