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SFO DA promises to prosecute overly touchy pat downs
SAN MATEO COUNTY, Calif. (KGO) -- The San Mateo district attorney's office has a warning for all TSA personnel at SFO -- anyone inappropriately touching a passenger during a security pat down will be prosecuted. Incoming San Mateo DA Steve Wagstaffe says any complaints of inappropriate touching during an airport security pat down will land on his desk. "The case would be reviewed and if we could prove the elements of it, that it was inappropriately done with a sexual or lewd intent, that person would be prosecuted," he said. The charge -- sexual battery. |
I wonder how long it will take for someone to complain? Its wonderful to see a DA willing to protect citizens.
JBC78 |
This is window-dressing. Notice that you have to "prove" that the person assaulting you had "lewd intent." All the TSA goons have to do is say "just doing my job," and they're off the hook.
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Originally Posted by FrequentHopper
(Post 15167763)
This is window-dressing. Notice that you have to "prove" that the person assaulting you had "lewd intent." All the TSA goons have to do is say "just doing my job," and they're off the hook.
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So "skin to skin" is a felony. What about "gloved hand to skin?" The TSA clerk put her hand inside my pants waistband and went all around the waistband with her gloved hand touching my skin at all times on 10/30.
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Originally Posted by JBC78
(Post 15167708)
I wonder how long it will take for someone to complain? Its wonderful to see a DA willing to protect citizens.
JBC78 |
This is absolutely meaningless. I presume the DA knows it and is grandstanding.
The key words are "inappropriately done with a sexual or lewd intent". Unless the TSO makes some remark like, "Wow! I love fondling your johnson", there is no way to prove lewd intent during a pat down. This is quite a different situation than if a strange man walks up to you on the street and starts playing with it. |
Originally Posted by Dovster
(Post 15167972)
This is absolutely meaningless. I presume the DA knows it and is grandstanding.
The key words are "inappropriately done with a sexual or lewd intent". Unless the TSO makes some remark like, "Wow! I love fondling your johnson", there is no way to prove lewd intent during a pat down. This is quite a different situation than if a strange man walks up to you on the street and starts playing with it. Any claim that the pat down was inappropriate will be rebounded by TSA stating that it was within SOP.:rolleyes: |
Originally Posted by Dovster
(Post 15167972)
This is absolutely meaningless. I presume the DA knows it and is grandstanding.
The key words are "inappropriately done with a sexual or lewd intent". Unless the TSO makes some remark like, "Wow! I love fondling your johnson", there is no way to prove lewd intent during a pat down. This is quite a different situation than if a strange man walks up to you on the street and starts playing with it. |
Originally Posted by jordanmills
(Post 15168031)
I'm assuming that there will be arrests involved while that's being worked out. It will be funny to see a stream of TSA clerks being taken out in handcuffs. And that will be at least a good short term deterrent.
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Originally Posted by FrequentHopper
(Post 15168048)
It's a nice fantasy, but it's not going to happen. If it does, the federal government will pass a law exempting TSA employees from sexual assault and battery laws in the course of their duties, or they'll go the back channel and yank federal funds from any DA who prosecutes or arrests TSA agents.
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It is just a scare tactic by the DA.
^:) |
I agree it's a scare tactic, but I still like it. To me, it helps make the point that under normal law, this would be sexual molestation.
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Yesterday's Pistole testimony had a questioner specifically asking about the protecting of the TSOs, in regards to civil(?) liability. No mention of what protections existed, or if the TSO goes off-the-reservation, yet Pistole was sure to say they were protected. This is on someone's radar, and be pushing someone's envelope, if questions of liability are coming up.
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Originally Posted by Pat89339
(Post 15167797)
So "skin to skin" is a felony. What about "gloved hand to skin?" The TSA clerk put her hand inside my pants waistband and went all around the waistband with her gloved hand touching my skin at all times on 10/30.
Originally Posted by slsdi
(Post 15168442)
I agree it's a scare tactic, but I still like it. To me, it helps make the point that under normal law, this would be sexual molestation.
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