Question: Filing Charges?
#16
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#17
Join Date: Oct 2006
Location: IAD, and sometimes OMNI/PR. Currently: not far from IAD, but home will always be SAN (not far from the "touch my junk and I'll have you arrested" Memorial TSA Check Point) even if I'm not there so much these days.
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#18
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We could send them some used pizza boxes, with ads.
#19
Join Date: Apr 2009
Location: the ATL
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Well, let's help them find some new TSO's. Here are the sex offenders in the same zip code as LAX.
We could send them some used pizza boxes, with ads.
We could send them some used pizza boxes, with ads.
Or gas pump ad's
I am telling you its only a matter of time before they start recruiting straight from the half-way houses and prison/jail "trustee's"
#20
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Do you have any reason for saying this, other than being wrong?
The citation to the elements of the offense are relevant. And, as an individual, you can't file charges against anyone. You *can* arrest them. But you *can't* file charges. So, after you arrest them, you need to persuade a prosecutor (title varies depending on jurisdiction, etc.) to file charges. As much as I think this entire "security" scare is stupid, I am afraid that making a criminal arrest (on these particular grounds) is not likely to succeed.
The citation to the elements of the offense are relevant. And, as an individual, you can't file charges against anyone. You *can* arrest them. But you *can't* file charges. So, after you arrest them, you need to persuade a prosecutor (title varies depending on jurisdiction, etc.) to file charges. As much as I think this entire "security" scare is stupid, I am afraid that making a criminal arrest (on these particular grounds) is not likely to succeed.
#21

Join Date: Nov 2006
Programs: AA Plat/1MM
Posts: 546
Do you have any reason for saying this, other than being wrong?
The citation to the elements of the offense are relevant. And, as an individual, you can't file charges against anyone. You *can* arrest them. But you *can't* file charges. So, after you arrest them, you need to persuade a prosecutor (title varies depending on jurisdiction, etc.) to file charges. As much as I think this entire "security" scare is stupid, I am afraid that making a criminal arrest (on these particular grounds) is not likely to succeed.
The citation to the elements of the offense are relevant. And, as an individual, you can't file charges against anyone. You *can* arrest them. But you *can't* file charges. So, after you arrest them, you need to persuade a prosecutor (title varies depending on jurisdiction, etc.) to file charges. As much as I think this entire "security" scare is stupid, I am afraid that making a criminal arrest (on these particular grounds) is not likely to succeed.
#23
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Join Date: Mar 2008
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Why are your replies so unhelpful, subtextually saying "I know something you don't know!"
The more invasive alarm resolution frisk can be triggered by legitimate trace explosives. Military EOD personnel come to mind. Thankfully, you're not a lead or supervisor, so you won't be stroking people's penises for the alarm resolution pat-down. You are paid to serve the public, and enjoy taunting the very public that puts food on your table.
The more invasive alarm resolution frisk can be triggered by legitimate trace explosives. Military EOD personnel come to mind. Thankfully, you're not a lead or supervisor, so you won't be stroking people's penises for the alarm resolution pat-down. You are paid to serve the public, and enjoy taunting the very public that puts food on your table.
So he is one of the ones doing the stroking.
#24
Suspended
Join Date: Jul 2008
Posts: 2,725
And in this political climate, the government might discover that their usual habit of stacking the jury in their favor won't be effective.
Idea for new tagline: "Have you made a TSO cry today?"
#25
Join Date: Mar 2009
Posts: 1,972
This has been discussed before (indeed multiple times before). What eyecue is standing behind is that some sort of intent for sexual gratification is a required element of most sex crimes. Although that's true, I pointed out a while ago that there are numerous examples of people being prosecuted for sex crimes (mostly involving being nude) that have similar intent requirements where there's no evidence of intent present. Because intent is basically in somebody's head, it can't be proven either way and is often assumed.
On the other hand, it is certainly true that the precise definition of sexual assault and/or sexual battery very much differ from state to state and are quite often not what you think they are. If you're going this route, it's critical to know the exact statute and how the terms in it have been interpreted by case law.
But if every element of the crime other than intent is met, I certainly think it reasonable to press charges.
On the other hand, it is certainly true that the precise definition of sexual assault and/or sexual battery very much differ from state to state and are quite often not what you think they are. If you're going this route, it's critical to know the exact statute and how the terms in it have been interpreted by case law.
But if every element of the crime other than intent is met, I certainly think it reasonable to press charges.
#26
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Join Date: Mar 2008
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This has been discussed before (indeed multiple times before). What eyecue is standing behind is that some sort of intent for sexual gratification is a required element of most sex crimes. Although that's true, I pointed out a while ago that there are numerous examples of people being prosecuted for sex crimes (mostly involving being nude) that have similar intent requirements where there's no evidence of intent present. Because intent is basically in somebody's head, it can't be proven either way and is often assumed.
On the other hand, it is certainly true that the precise definition of sexual assault and/or sexual battery very much differ from state to state and are quite often not what you think they are. If you're going this route, it's critical to know the exact statute and how the terms in it have been interpreted by case law.
But if every element of the crime other than intent is met, I certainly think it reasonable to press charges.
On the other hand, it is certainly true that the precise definition of sexual assault and/or sexual battery very much differ from state to state and are quite often not what you think they are. If you're going this route, it's critical to know the exact statute and how the terms in it have been interpreted by case law.
But if every element of the crime other than intent is met, I certainly think it reasonable to press charges.
Proving that intent in a court would be a whole different matter.
Last edited by Boggie Dog; Nov 3, 2010 at 7:00 am Reason: edited for clarity
#27
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There is an interesting read over at Legal Match about what requirements need to be met for a TSA patdown to be considered inappropriate. Granted the information is outdated based on the new patdowns as to the specifics (for example, some stations no longer use hand held wands), but in general it pretty much comes down to this:
When Does a Pat-Down Become Inappropriate?
A pat-down becomes inappropriate whenever the TSA's guidelines are not followed.
I'm not saying it's right and I'm not saying it's wrong, but if they are following their guidelines, and you consent to the search as they outline each step and allow them to do so, I think there's little chance of a suit working out in your favor. They won't let you through if you don't consent, which is another issue, but they do give you the option to opt out of it all.
When Does a Pat-Down Become Inappropriate?
A pat-down becomes inappropriate whenever the TSA's guidelines are not followed.
I'm not saying it's right and I'm not saying it's wrong, but if they are following their guidelines, and you consent to the search as they outline each step and allow them to do so, I think there's little chance of a suit working out in your favor. They won't let you through if you don't consent, which is another issue, but they do give you the option to opt out of it all.
#28
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I have a question for the more educated of the FlyerTalk community. The next time I fly, I will consent to the metal detector, a swab, and a back of the hand pat down. However, I will not consent to an open hand "grope" and, if pressed, will ask for the GSC (or a CO employee) and LEO to be present due to the following phrase I intend to use: "I do not consent to the unreasonable search of my private parts, and if these are touched without my permission, I will file sexual assault charges". So my question is: Has this been attempted? If so, could you provide a link? If not, will it carry any water?
Additionally, I'd like to thank the TS/S community in helping formulate the letter I am composing for the following recipients: Senators, Congressman, US AG, TX AG, UAL Execs, DHS Admins, TSA Admins, ACLU, and Major News Outlets.
Thanks for your help.
Additionally, I'd like to thank the TS/S community in helping formulate the letter I am composing for the following recipients: Senators, Congressman, US AG, TX AG, UAL Execs, DHS Admins, TSA Admins, ACLU, and Major News Outlets.
Thanks for your help.
A sexual harassment grievance is an administrative action which causes the TSA to investigate the claim in a similar fashion to a sexual assault charge. The individual most likely can't go to jail but can be administratively punished. There was a thread about the TSA's sexual harassment program here on FT. As is the case with most government agencies, the parameters for being accused of sexual harassment are pretty broad and goes way beyond a male employee hitting on a female employee. You will make it nearly as on the employee and his management as a criminal charge without all the muss & fuss of trying to get a screener arrested.
The easiest way to do this is through the DHS IG hotline. I've posted how to do this in the past and don't have time to provide the link right now.
#29
Join Date: Nov 2010
Location: Colorado
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1. Get your skin irradiated from the backscatter machine.
2. Get molested.
3. Get "escorted" out by a pissed-off police officer.
If choice #3 were simply, "Collect your stuff, leave the security area and don't fly today," I'd be happy with it.
#30




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There is an interesting read over at Legal Match about what requirements need to be met for a TSA patdown to be considered inappropriate. Granted the information is outdated based on the new patdowns as to the specifics (for example, some stations no longer use hand held wands), but in general it pretty much comes down to this:
When Does a Pat-Down Become Inappropriate?
A pat-down becomes inappropriate whenever the TSA's guidelines are not followed.
I'm not saying it's right and I'm not saying it's wrong, but if they are following their guidelines, and you consent to the search as they outline each step and allow them to do so, I think there's little chance of a suit working out in your favor. They won't let you through if you don't consent, which is another issue, but they do give you the option to opt out of it all.
When Does a Pat-Down Become Inappropriate?
A pat-down becomes inappropriate whenever the TSA's guidelines are not followed.
I'm not saying it's right and I'm not saying it's wrong, but if they are following their guidelines, and you consent to the search as they outline each step and allow them to do so, I think there's little chance of a suit working out in your favor. They won't let you through if you don't consent, which is another issue, but they do give you the option to opt out of it all.

