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... take a back seat to the realities of the situation. ... If you were in the army your sergeant would be telling you “Soldier, shut up and soldier”. The reality of the situation is that you are feeling up the sex organs, buttocks, hair, and whatever else you please, of the American public, likewise in violation of custom, expected freedoms, and the explicit words of the 4th Amendment. The reality of the situation is that other countries in the world with worse terror problems do not do this. The reality of the situation is that we are told to submit, "soldier on", whereas a healthier reaction would be to run y'all through with bayonets. There is no inevitability about this. There is no need to accept it. It cannot be accepted because it is unjust and violates the human person so deeply. You just want us to quietly comply, to go take our place up at the lip of the pit when it is our turn. the h*ll with that. |
Originally Posted by nachtnebel
(Post 15885251)
The reality of the situation is that we are told to submit, "soldier on", whereas a healthier reaction would be to run y'all through with bayonets.
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Originally Posted by TSORon
(Post 15884692)
I was not questioning your “adulthood”, only the lack of adult responses to a reasonable question.
An adult would go and find the information about the safety of the checkpoint rather than use rhetoric and sensationalism to avoid the facts. The information is out there, I myself have provided links to it several times. Ignoring it serves no useful purpose and only makes one look silly. An adult would also know that one’s personal feelings on a subject occasionally need to take a back seat to the realities of the situation. If you were in the army your sergeant would be telling you “Soldier, shut up and soldier”. |
Originally Posted by RATM
(Post 15885417)
You're not my #%@&ing sergeant. And demanding military obedience and submission from your civilian population proves your desire to undermine the American way of life in favor of a totalitarian police state. North Korea expects its citizens to "soldier up". Soviet Russia expected its people to "soldier up". Communism, Fascism and every other -ism requires the masses to "soldier up" for the greater good. If you don't understand that such an attitude should never bleed into the civilian side of a free society, then you shouldn't have left mindless conformity of military culture.
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Originally Posted by nachtnebel
(Post 15885251)
The reality of the situation is that you are strip searching the American public. That has never been dared before in the history of the republic. It is specifically forbidden in the Constitution that used to govern the outfit you work for.
Originally Posted by nachtnebel
(Post 15885251)
The reality of the situation is that you are feeling up the sex organs, buttocks, hair, and whatever else you please, of the American public, likewise in violation of custom, expected freedoms, and the explicit words of the 4th Amendment.
It also seems that your understanding of the fourth amendment is a bit lacking. In another thread I posted quite a number of court cases that directly address this issue. Please take a few moments to find that post and read about the fourth amendment and how it applies to the TSA and its administrative searches. It’s an interesting read. Somehow I doubt you will, but I have pointed you in the right direction and therefore have met my obligation as an educator.
Originally Posted by nachtnebel
(Post 15885251)
The reality of the situation is that we are told to submit, "soldier on", whereas a healthier reaction would be to run y'all through with bayonets.
There is no inevitability about this. There is no need to accept it. It cannot be accepted because it is unjust and violates the human person so deeply. You just want us to quietly comply, to go take our place up at the lip of the pit when it is our turn. the h*ll with that.
Originally Posted by RATM
(Post 15885417)
You're not my #%@&ing sergeant.
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Originally Posted by TSORon
(Post 15885530)
I understand that there are some comprehension issues out there but you seem like fairly bright person. The analogy was quite appropriate, so find some other thing to pontificate about. :rolleyes:
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Originally Posted by TSORon
(Post 15885530)
Actually no, we are not. People are not allowed to strip naked at TSA checkpoints. Take coats off, shoes, yes, but not strip. The whole idea that we do otherwise is a complete lie, hyperbole.
This is the absolute truth and to deny it is a joke. We're not buying it. Your version of reality has absolutely nothing to do with the facts. I have never touched anyone’s sex organs on the checkpoint. Nor have I touched anyone’s hair. But then again I search males, Does TSA feel up to the resistance or not? Yes, it does. Not everyone hits the genitals, but some or many agents do touch the genitals. In the resolution rubdown, does TSA rub the genital and sex organ area or does it not? Yes it does. That TSA agents do this through the clothing changes nothing. If you can prove otherwise, let's hear it. It also seems that your understanding of the fourth amendment is a bit lacking. In another thread I posted quite a number of court cases that directly address this issue. And here is the problem, you provide a very clear example. You are putting your belief’s in place of the facts and saying that your belief’s are the truth. but don’t expect me to allow falsehoods such as you seem to support and indeed seem to believe, go without challenge. |
Originally Posted by TSORon
(Post 15885530)
The searches we do are administrative in nature, and completely supported by the laws of our nation.
No court has yet given an opinion as to whether the current regime is lawful. Where however the search is not supported by a warrant issued by a magistrate, the burden of proof rests upon the government to establish that the search is reasonable, and if it is not, it is unlawful. So, right now, the legal presumption is that TSA's current search regime is unlawful. And even if in theory the TSA regime could be lawful in general, in particular there will be very great difficulties in carrying it out in a lawful fashion. For example, the glove issue. It has yet to be shown that there is any connection between failure to change gloves and enhanced security on the aircraft. I would say that where TSA's default state of hygiene is never changing gloves unless they are requested, the courts will not sustain this. And certainly, if a TSA agent were to carry out an intrusive search of the passenger without changing gloves, and doing so in a proper manner, that search would be unlawful, and possibly criminal. I need hardly add that the bursting of ostomy bags, yelling out "Here's another cutie" and so forth will cause a search to be regarded as unlawful by the courts as unreasonable and unnecessary humiliation. |
So they can take out a ruler and hit them like a schoolmarm if you misbehave?
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Originally Posted by Cartoon Peril
(Post 15886403)
The law permits reasonable airport security searches. These must be effective, consistent, brief, and must not be targeted at general law enforcement. For example, TSA searches for the purpose of finding drugs are unlawful. (If TSA happens to find drugs during an otherwise lawful search, that is another thing. But there is ample evidence in various threads on this site, and elsewhere, to believe that TSA is looking for drugs -- whoops!)
No court has yet given an opinion as to whether the current regime is lawful. Where however the search is not supported by a warrant issued by a magistrate, the burden of proof rests upon the government to establish that the search is reasonable, and if it is not, it is unlawful. So, right now, the legal presumption is that TSA's current search regime is unlawful.
Originally Posted by Cartoon Peril
(Post 15886403)
And even if in theory the TSA regime could be lawful in general, in particular there will be very great difficulties in carrying it out in a lawful fashion.
For example, the glove issue. It has yet to be shown that there is any connection between failure to change gloves and enhanced security on the aircraft. I would say that where TSA's default state of hygiene is never changing gloves unless they are requested, the courts will not sustain this. We use gloves to protect ourselves. You may come into contact with a single TSO, or maybe two, as you make your way through an airport, but we make contact with hundreds of passengers. I change my gloves when they become dirty, when requested, or when I feel I need a change. I also change them when I move from one position to another, when I go on break or to lunch, and when I am done for the day. All in all I’d guess I go through 15 to 20 pairs a shift.
Originally Posted by Cartoon Peril
(Post 15886403)
And certainly, if a TSA agent were to carry out an intrusive search of the passenger without changing gloves, and doing so in a proper manner, that search would be unlawful, and possibly criminal.
Originally Posted by Cartoon Peril
(Post 15886403)
I need hardly add that the bursting of ostomy bags, yelling out "Here's another cutie" and so forth will cause a search to be regarded as unlawful by the courts as unreasonable and unnecessary humiliation.
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Originally Posted by TSORon
(Post 15891398)
While the constitution specifically speaks to “unreasonable”, I do not believe it speaks to “humiliation”. If it did, we would need more courts and far more prisons. :rolleyes:
If you want to be a strict Constitutionalist, that's fine. But if you want to allow for latter interpretations of the Constitution, then please be consistent. |
Originally Posted by jkhuggins
(Post 15891576)
Well, the Constitution doesn't specifically speak to "administrative search" exemptions to the Fourth Amendment, either ... but we still have them, as you have pointed out numerous times.
If you want to be a strict Constitutionalist, that's fine. But if you want to allow for latter interpretations of the Constitution, then please be consistent. Now wait a minute, I'm not the one that is a "strict Constitutionalist", you might want to have a word or two with some of your fellows though, they certainly are. :) |
Originally Posted by jkhuggins
(Post 15891576)
Well, the Constitution doesn't specifically speak to "administrative search" exemptions to the Fourth Amendment, either
It has grown into this monster where it is now used to justify TSA inspections of your private orifaces. It is past time to reign in this staggering gutting of the 4th amendment. |
Originally Posted by TSORon
(Post 15891592)
Now wait a minute, I'm not the one that is a "strict Constitutionalist", you might want to have a word or two with some of your fellows though, they certainly are. :)
So ... how shall we proceed? Is the Constitution a living document, or not? |
Originally Posted by Cartoon Peril
(Post 15866776)
TSA seems to have a requirement that when undergoing the intrusive physical search, the arms be extended straight out and the arms be rotated so that the palms are up. See accounts here, here, and here (in comments), and here.
Extending the arms full out and rotating the palms up becomes tiring and painful. It must be particularly so for older persons. It would be much easier to hold the palms down with the arms extended. What is the point of requiring this particular posture? |
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