Does the 4th amendment apply with TSA and airports.
#31
FlyerTalk Evangelist
Join Date: Oct 2004
Posts: 10,034
How about doing what CBP does and enact a trusted traveler program? This way, you can better utilize resources.
How about you start spending money on a widespread replacement of those x-ray machines the private screeners were using, you know, the exact ones you use today?
How about using technology that has been around for years in detecting what exactly are those liquids in bottles? And I'm not talking about the machines you use on occasion for breastmilk bottles.
And how about losing your attitude?
How about you start spending money on a widespread replacement of those x-ray machines the private screeners were using, you know, the exact ones you use today?
How about using technology that has been around for years in detecting what exactly are those liquids in bottles? And I'm not talking about the machines you use on occasion for breastmilk bottles.
And how about losing your attitude?
#32
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
Not true. Notice that everytime TSA cannot clear someone to fly, but cannot prove they are a security risk, TSA escorts the person to an airline ticket counter and the airline gives them a refund. I think this is intentional so that TSA didn't keep you from flying, rather the airline canceled your contract. I think the airlines are complicit in helping TSA avoid all sorts of Constitutional issues.@:-)
#33
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
Not true. Notice that everytime TSA cannot clear someone to fly, but cannot prove they are a security risk, TSA escorts the person to an airline ticket counter and the airline gives them a refund. I think this is intentional so that TSA didn't keep you from flying, rather the airline canceled your contract. I think the airlines are complicit in helping TSA avoid all sorts of Constitutional issues.@:-)
#35
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
I think they ARE refunding nonrefundable tickets. The SAN guy today sounded like his in-laws bought a ticket well in advance. Why would AA suddenly start refunding tickets (as opposed to a credit with change fee) if you are suddenly unable to fly? There has to be a reason the agents know they will immediately refund the ticket and they need a supervisor...
#36
Join Date: Nov 2010
Posts: 219
#37
Join Date: Feb 2008
Location: Nashville, TN
Programs: WN Nothing and spending the half million points from too many flights, Hilton Diamond
Posts: 8,043
ETD with random swabbing as opposed to random virtual strip search. Pull someone from line at random, infuse the pad and check using the ETD. Not everyone is getting the scanner anyway, so even it is a random check for now. Set up a bunch more of these machines and swab away.
Puffers worked well. The maintenance issues may not have been that intractable. (But I make my living in equipment maintenance so I have a bias toward fixing rather than replacing.)
WTMD.
Continue to X-ray the bags and use a random ETD on even some cleared by the x-ray bags.
Portable ETD machines are being tested that will sample air continuously and alarm in the presence of explosive.
Have passengers pass through a clear portal in which the circulated is constantly checked for trace detection. An alarm stops the queue and passengers are individually checked by ETD.
Dogs.
If any of these alarm, then you have a reasonable justification to do a more thorough search.
It may not be better, but it may be as effective without the necessity of having to press so hard against the known limits of the administrative search.
The process has become demeaning, stripping people of their dignity and designed with the implication that we are all criminals unless we can prove our worthiness. Ignore the legal for moment, the court will end up deciding it sometime. The political is outside of our hands as well, although we can exert our influence.
The problem is this: We have to contend with a system that dehumanizes people. It reduces us to objects for inspection, treated with the same level of compassion as an FDA meat inspector looking for e. coli. We line up to be processed, prodded and rubbed and photographed with no more concern that we are fellow human beings with emotions and hurts and fears. We are on an assembly line of virtual inspection awaiting a pass fail judgment of the ones in authority. Those that have in their power to stop our plans, to delay our travel, to make us miserable for a moment are often capricious and arrogant in the dismissive nature of our desire to be respected as people, not objects of inspection.
The new procedures reinforce this perception, a perception that you on the other side may not understand. We want to be treated with respect. The process is designed so that respect is not possible.
This is not something you can help or do anything about, but it is something of which you need to be aware.
Puffers worked well. The maintenance issues may not have been that intractable. (But I make my living in equipment maintenance so I have a bias toward fixing rather than replacing.)
WTMD.
Continue to X-ray the bags and use a random ETD on even some cleared by the x-ray bags.
Portable ETD machines are being tested that will sample air continuously and alarm in the presence of explosive.
Have passengers pass through a clear portal in which the circulated is constantly checked for trace detection. An alarm stops the queue and passengers are individually checked by ETD.
Dogs.
If any of these alarm, then you have a reasonable justification to do a more thorough search.
It may not be better, but it may be as effective without the necessity of having to press so hard against the known limits of the administrative search.
The process has become demeaning, stripping people of their dignity and designed with the implication that we are all criminals unless we can prove our worthiness. Ignore the legal for moment, the court will end up deciding it sometime. The political is outside of our hands as well, although we can exert our influence.
The problem is this: We have to contend with a system that dehumanizes people. It reduces us to objects for inspection, treated with the same level of compassion as an FDA meat inspector looking for e. coli. We line up to be processed, prodded and rubbed and photographed with no more concern that we are fellow human beings with emotions and hurts and fears. We are on an assembly line of virtual inspection awaiting a pass fail judgment of the ones in authority. Those that have in their power to stop our plans, to delay our travel, to make us miserable for a moment are often capricious and arrogant in the dismissive nature of our desire to be respected as people, not objects of inspection.
The new procedures reinforce this perception, a perception that you on the other side may not understand. We want to be treated with respect. The process is designed so that respect is not possible.
This is not something you can help or do anything about, but it is something of which you need to be aware.
#38
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
I think they ARE refunding nonrefundable tickets. The SAN guy today sounded like his in-laws bought a ticket well in advance. Why would AA suddenly start refunding tickets (as opposed to a credit with change fee) if you are suddenly unable to fly? There has to be a reason the agents know they will immediately refund the ticket and they need a supervisor...
#39
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
That was my point: this is costing them not only $ from people not buying tickets, it's costing them $ that was already in the bank (and guaranteed through non-refundability). If this keeps happening, all of them will have to revise their Q4/Q1 projections and guess who's not going to like that...
"I won't ask/allow the airline to unilaterally cancel my contract because TSA can't comply with the 4th amendment!" and watch them flip out. If there truly is loss of property, there is an actual harm. How much would you bet they try to force a refund on you? It shows up magically on your credit card?
#40
FlyerTalk Evangelist




Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still PAL Premier Elite & Hilton Diamond
Posts: 25,429
As far as I understand the case law in the administrative search precedent, it applies to our possessions -- once we put our possessions on the conveyor we consent to their being searched as defined under administrative search. However, I don't believe there is a lot of precedent on where the legal line is with respect to our rights in our physical person/body. I've got some inquiries into some of my constitutional law scholar friends on that topic.
#41
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
Sorry - iPhone won't let me edit my post:
I understand your point about revenue, but I also think the constitutional issues are an important prong of attack to prevent similar violations of our rights in the future. Fortunately, one case is sufficient to change the law, so Its possible to use both tactics - court and free market.
I understand your point about revenue, but I also think the constitutional issues are an important prong of attack to prevent similar violations of our rights in the future. Fortunately, one case is sufficient to change the law, so Its possible to use both tactics - court and free market.
#42
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
Sorry - iPhone won't let me edit my post:
I understand your point about revenue, but I also think the constitutional issues are an important prong of attack to prevent similar violations of our rights in the future. Fortunately, one case is sufficient to change the law, so Its possible to use both tactics - court and free market.
I understand your point about revenue, but I also think the constitutional issues are an important prong of attack to prevent similar violations of our rights in the future. Fortunately, one case is sufficient to change the law, so Its possible to use both tactics - court and free market.
#43
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
#44




Join Date: Aug 2008
Location: Somewhere in Florida
Posts: 2,892
How about the same security standards that I encounter when I enter: Federal courthouses, military bases, CENTCOM, the Capitol, the White House, the Pentagon.
At these locations the most "hassle" I've had to deal with was having my briefcase x-rayed and walking through a metal detector. All of this supervised by trained professionals who were extremely laid-back and friendly. No barking orders, no threats. If anything, they seemed almost apologetic that they were taking some of my precious time. Most of the time these security professionals aren't wearing cheap tin stars nor are they wearing fake police uniforms. Instead they're usually dressed in crisp black suits with equally crisp dress shirts.
At some of these locations I've been asked to present an ID, where they used it to verify I was on THEIR list of people to be admitted, not just verifying it against a document I brought with me. Anyone with a computer can fake a boarding pass these days.
Oh, and yes, each of these screenings happens with leaving my shoes on, drinks and liquids in my bags, and I leave the checkpoint without losing my dignity nor civil rights.
If the TSA went away (I can always dream, right?) or changes its tune/attitude back to something reasonable, I might actually stop avoiding flying.
The facts still remain: If we removed ALL security from the airports, air travel is still vastly safer than the taxi ride I took to the airport this morning.
Just thing of all the good the billions we've wasted on security theater could have done if spent on infrastructure, healthcare, kittens, etc.
At these locations the most "hassle" I've had to deal with was having my briefcase x-rayed and walking through a metal detector. All of this supervised by trained professionals who were extremely laid-back and friendly. No barking orders, no threats. If anything, they seemed almost apologetic that they were taking some of my precious time. Most of the time these security professionals aren't wearing cheap tin stars nor are they wearing fake police uniforms. Instead they're usually dressed in crisp black suits with equally crisp dress shirts.
At some of these locations I've been asked to present an ID, where they used it to verify I was on THEIR list of people to be admitted, not just verifying it against a document I brought with me. Anyone with a computer can fake a boarding pass these days.
Oh, and yes, each of these screenings happens with leaving my shoes on, drinks and liquids in my bags, and I leave the checkpoint without losing my dignity nor civil rights.
If the TSA went away (I can always dream, right?) or changes its tune/attitude back to something reasonable, I might actually stop avoiding flying.
The facts still remain: If we removed ALL security from the airports, air travel is still vastly safer than the taxi ride I took to the airport this morning.
Just thing of all the good the billions we've wasted on security theater could have done if spent on infrastructure, healthcare, kittens, etc.
#45
Join Date: Sep 2008
Location: Los Angeles, CA
Programs: AA Gold, Marriott Plat
Posts: 456
A large percentage of the population believes that if you refuse to grant permission for a police officer to search your car that you have given them probable cause to search your car. This could not be more wrong. But with that said, should we make it so just because people believe that it is so?

