Attempted frame-up at LAX
 

This week, I was the victim of an attempted frame-up by the TSA. Here's my story; I present it as a warning. I suppose the only take-home message is that one should insist on an independent witness, such as a police officer in my case, during TSA “searches.” Thing is, I don't know how independent most police officers are likely to be.

This week, I went through LAX, and refused to go through the radiation scanner. I went through a manual search instead. During this process, I was “patted down.” During the “pat down” process, the screener announced what he was doing: “I'm putting my hand in your collar … I'm going to move my hand side to side ...” etc. After the “pat down” process, the screener who patted me down grabbed a test strip that had nothing to do with me, and was sitting on top of the test strip reader, apparently before I'd gotten to the “pat down” area. I will designate that as “test strip A.” He continued with his description of what he was doing, though by this time he was talking to his supervisor. “I handled the test strip that was on the machine before I put his [referring to me] strip in the machine.” The supervisor, who had apparently not expected this apparent rookie to continue his self-descriptive monologue during an obviously inappropriate part of the testing procedure told the screener to get on with the test. The screener then swabbed the same gloves with which he had:

(1) “patted me down” and
(2) handled test strip A

with an apparently fresh test strip, which I will designate “test strip B.” The screener then put test strip B in the reader. The reader then reported “explosives.”

I pointed out to both the supervisor and the screener than this was invalid test, since the screener (knowingly, since he'd described to his supervisor what he'd done) had contaminated his gloves with test strip A before handling test strip B. Upon hearing me point this out, the screener then picked up test strip A, which he had previously placed on top of the reader after handling it (apparently to be ready for the next person) and threw it out.

By this time, the police had been called. I explained what had happened to the officer, and asked officer him to investigate. I pointed out that there were cameras everywhere in this area, including two camera emplacements almost immediately above the reader. The police officer apparently called whoever was monitoring those cameras, and told me that those cameras were not working, and had not captured any of these events. I asked for an investigation, and the Officer told me that I could take it up with the TSA.

I was then told by the TSA personnel that I would have to undergo further screening away from the public. I did not refuse, but pointed out that I did not want to go to some back room for some unknown purpose, especially based on a knowingly adulterated chemical test. The police officer offered to accompany me as a witness, and I eventually went to a closed room, where I was again “patted down.” This time, in the presence of the police officer, I was again patted down, with largely the same procedure. This time, however, with the police officer watching, the new test read negative for explosives. I shudder to think what the second screening, in an isolated area, would have “found” if the police officer had not been present.

I pointed out again that I wanted an investigation, and stated that the test strip A was sitting on top of the garbage container where the first screener had thrown it. Having apparently heard that the video cameras covering the first test area were nonfunctional, the first screener (the one who had rubbed his gloves with a test strip from the top of the test machine) piped up at this point, and stated that he had thrown away nothing except his gloves.

There was a TSA supervisor there at this point, and I advised that supervisor that the screener had lied about this process, and asked the supervisor point blank how to formally request an investigation into this event. The supervisor told me that I could call the TSA 800 number.

I then went on to my flight.

There's a warning here to everyone who flies. The TSA is apparently in the process of mastering “throw down” evidence, though they don't seem to be particularly good at it yet. Beware, and ask for a police officer or independent witness when you are searched by the TSA.

Hi, there, Jubal... welcome to FT! That must have been a horribly stressful and unnecessary experience, and I am sorry that you had to endure it, although I don't think any of us are surprised to hear about it.

This sounds like a great story to submit to your local news media, the ACLU, and EPIC. You should also submit a complaint to the TSA and to the DHS OIG. I listed some contact information for you below. Also, please be sure to tell your representatives. Don't be afraid to make some noise!

Out of curiosity, did they take down any of your personal information during the search?

ACLU - https://secure.aclu.org/site/SPageNa...avel_Complaint
EPIC - http://epic.org/contactus.html
TSA - https://apps.tsa.dhs.gov/tsacontact/...aspx?FormID=10
DHS OIG - http://www.dhs.gov/xoig/about/gc_1163703329805.shtm, [email protected]

@eturowski
 

They copied info from my driver's license and boarding pass; before I was done, I specifically heard the supervisor ask the TSA agents "did we get all his information?" Further, I know they have a medical file on me, because the supervisor told me about medications I was taking, which a TSA agent had apparently recorded on a previous search. In the past, they took down my passport information (I did not have my passport with me on this trip).

I have contacted my representative, but not the TSA / DHS directly. I believe that the representative will open a file on this. I filed my story with the ACLU. As for news media: my guess is that they are probably not interested without video, and, as described above, I have been advised that all the video cameras over the area were out of order during this event.

May I ask why you told them what medications you were on during the previous search? As far as I know, that is something that TSA has no need to know.

Just curious.

Why call it an attempted frame-up?

Never attribute to malice what can adequately be explained by stupidity - and Ghu knows the TSA's got a surplus of stupidium at hand at every checkpoint.

If the screener had completed a basic science class instead of going for the GED, they might have at least some understanding of the scientific method, including why it should be a requirement to use clean gloves and a fresh swab for every test.

However, there appears to be a severe shortage of people in the TSA who can find their own gluteal cleft with both hands and a flashlight.

@kmanus:

I never told them about medications I was on. They had found my medications during a previous search, in their bottles from the pharmacy, with the prescription labels (and all the identifying info that is on a prescription label) attached. Apparently they made notes of that find during that previous search.

BTW, in case anyone is wondering, none of the meds I am on is nitroglycerine, or anything that is chemically related to explosives.

@Caradoc:

It might have been incompetence ... until the screener lied and stated that there had been no other test strip, and his supervisor backed him up. I't's not just that they knowingly (and, I believe, intentionally) performed a test on an adulterated sample; it's that they lied about it. The fact that all the cameras over this area failed at the same time also suggests more than incompetence.

So a test strip from somewhere else was positive for explosives, yet they did nothing to determine where it came from? :confused:

No wonder the Red Team failure rates are off the charts. :rolleyes:

It sounds like you need to file a Freedom of Information request to the TSA to see what they have on file about you, especially since they have on record your medications, which I feel is a violation of your privacy.

I heard that filing a FOI request against the TSA is almost impossible, but I believe it can be done.

You probably have to do some research, but I believe there is a law that they have to give you a disclosure notice of some kind as to what they are going to do with your the personal information.

But of course we all know the TSA does not have to follow any laws, they are free to do anything they want to do, and if you don’t believe me, just ask them.

Mr. Elliott

Regarding the test strip, I am not the least bit surprised. I always have to remind the clerks to grab a fresh swab from the container, not one from the top of the ETD machine. I do get some attitude when I ask for a new swab, but they always comply with the request. Not sure why it's so hard for them to use common-sense. Oh, right :rolleyes:

So are you saying the TSA searched you on a previous trip (different day), took notes about you, saved them, and managed to recall them at a future date?

Ah. You call that a frame-up - I call that the typical response of the TSA, being to blame anyone nearby for the problem rather than accepting responsibility for their own screw-ups.

It's pretty normal for TSA employees who want the world to believe that they put their lives on the line every time they check a bag while doing absolutely no real work in the process.

TSA's management makes up stupid policies.

TSA employees carry out the stupid policies and procedures.

When someone points out just how stupid the TSA is, we get the whole "REMEMBER 9/11!" chant and asked "DO YOU WANT TO FLY TODAY?"

The entire organization needs to be scrapped.

Yes, it suggests collusion...sorry I read it incorrectly the first time -

Folks, please keep the blatant political comments out of this and other threads.
We've had to delete several such comments.
Thanks to the 99% of you who stay on topic here.
____________________

Cholula
TS/S Co-Moderator

Frame-up? No, just a badly bungled screening.

And they certainly will lie to cover their butts. However, most of those that do aren't clever enough to keep a story straight.

All the more reason to keep your cell phone on record when going through the checkpoint.

And from what I have read, those states with 2 party agreement to record a conversation only applies if the conversation is private, a checkpoint is a public area and any conversation can be overheard so the conversation is not private. And the TSA allows recordings at the checkpoint except recording images on any monitors at the checkpoint.

Remember John Tyner, the “don’t touch my junk” guy and the campaigner for Ron Paul who had $4700. in cash with him, both had their cell phone recording their encounters with the TSA.

Mr. Elliott

What terminal did this happen at? Was it busy at the time or did they just need to look busy?
This kind of stuff needs to be brought to the light of day. Contact the local news media. Someone in the LA media needs to do a special report especially now during "sweeps".

Ok, this is even more appalling than some of the other outrages I've seen posted. The TSA has no right to our medical information, including what medications we are taking. Your assertion that they took down this information about you during a prior checkpoint transit, saved it, and pulled it up from (presumably from an electronic database) later is something that I would love to see explained by the TSA. If this is indeed what happened, you might want to investigate whether federal HIPAA were violated and whether you can sue.

Like someone else, I am curious what the deal was with test strip A that had been positive for explosives before you came along? What in the world happened there? Did they let somebody on the plane anyway when they tested positive for explosives?

Also, I agree that it was completely inappropriate the way that this was handled.

It had probably been used previously to test someone who had been using the "wrong" type of hand lotion.

Their test strips are just another layer of hocus pocus.

Federal HIPAA security and privacy regulations only apply to covered entities as defined in the regs which are healthcare providers, payers and clearinghouses. Sorry but the TSA is not a covered HIPAA entity hence there is no breach under the security & privacy regs.

However (big However) there may be state privacy regulations that may enter into play.

I was afraid that might be the case.
Breaches like this are worth publicizing, though. The idea that federal agencies like the TSA are saving and later datamining our medical information is the sort of thing that might just make folks angry enough to engage in more active protest of the TSA than we've seen thus far.

Before you agree to hand over any information, ask for a Privacy Act Notice. If true, putting this info in a system of records is beyond the pale.

What's with LAX? - Just a reminder, which I have posted in the past. When attempting to file a complaint the supervisor asked the TSO what the problem was, and she claimed I physically threateningly grabbed her, which resulted in an arrest for battery. In the end the county attorney's office could find no basis for pursuing the charge even armed with video/photo information provided by the TSA.

And yes I tried to get the video/photos, but was advised that it couldn't be released as it would compromise national security, and my 6+ year old request under the freedom of information act still goes unanswered.

Why requesting a complaint form and the name or ID of a TSO requires calling the TSO over, and results in a battery charge at the suggestion of the supervisor smacks of a "set up" to me. And yes I know even paranoid people have enemies.

I would opine that if we collected all extra ordinary experiences LAX would rank near the top of the list. I suspect it is either a written or unwritten policy of retribution. Even my LA attorney has an office policy that no one uses LAX because of the problems they have experienced. Presumably of a less criminal nature.

More intimidation tactics.

@sailman:
Thanks for the info. I also think the screeners at LAX are particularly thuggish, but the real difference between LAX and other airports seems to be the LAPD. The LAPD at LAX were threatening and obnoxious, far beyond what I've seen elsewhere.

I am travelling to Southern CA again, but I have altered my travel plans to avoid flying out of LAX. When I called UAL to cancel my tickets, I told them why I was cancelling.

The TSA has taken passenger info before, put it into a system of records and refused to give any Privacy Act Notice that it was doing so. Escalating the matter within the TSA accomplished nothing. As they are claiming to do a search, they can take the boarding pass and ID anyway and from there the info is in hand. As they are claiming to do a search, they can take the medicine and other such items and record the details on the packaging too. This is unfortunately nothing new with the TSA.

So you are stating that during a pat down you were chemically tested at the same time and a supervisor was assisting and that a cop was also called. Hmmm.... what kind of meds do you take?

That is completely uncalled for.

Your immediate jump to snide comments about the OP's medical and mental condition is one of the many reasons the TSA is widely reviled.

Whatever prompted you to say that, it certainly wasn't professionalism.

:rolleyes: Just the usual commentary I've come to expect from alleged TSA employees on this forum for this fine Saturday morning, eh? Then again, the commentary isn't any different than what many of us experience at the airport so I guess I should thank you for maintaining consistency in the TSA experience.

+1

I would be interested as to what the TSA has said, if anything, when you escalated the matter.

TSA HQ says that they don't take down such info, so Privacy Act notices would not be required. In my view, this is a continuing case of certain FSD's going rogue. Asking TSO's to provide the Privacy Act notice can promote the deer in the headlights look.

It was completely called for. This person is stating that he was being ETD while getting a standard patdown with a supervisor assisting, really? There are several parts to this story that are missing, why was the LEO called in the first place? Yes, it is my opinion that this person is not giving the whole story. If you want a professional response, send a note to blogger Bob.

@tsadude1:
Wow. Just wow. I asserted my rights when dealing with the TSA, and called them out on their fraudulent "testing." There was no violence nor threat of violence on my part, nor any resistance nor threat of resistance. In response, they called the police during this encounter, apparently in an attempt to intimidate me (although, as described in my OP, the police presence interfered with their fraudulent "testing"). And you are taking that to mean that I must somehow be in the wrong? Would you care to be more specific about your allegations, and how they could relate to real reality, as opposed to the reality that is in your head?

You implied that the OP is mentally ill and has delusions. Such an implication, when you have absolutely no basis for making it is reprehensible.

You post here identifying yourself as an employee of the TSA, which means that you should be on your best professional behavior when you post. If one of my employees made a comment like that while identifying themselves as a representative of my company, they might very well be fired for it.

You are not a psychiatrist, so your subtle hints about psychiatric disorders are nothing more than mean-spirited attacks. And if you were a psychiatrist, you'd know better than to make such sweeping judgments about someone's mental state from a single post on a web forum.

I'm not so sure it's merely a matter of certain FSD's "going rogue" given non-answers and/or even non-responses when the issue is escalated such that it rises to the attention of a DHS Secretary's Chief of Staff.

What TSA HQ says may be true of TSA HQ but it's certainly not true of what is being done beyond Arlington, VA, and making its way beyond the airports where the info has been taken down.

I don't know if the LAPD in residence at LAX are the same LEOs that were called from their police station, but the two arresting officers treated me, given the circumstances, with dignity, and as noted in my very original posting of my experience, they intimated that this arrest was BS, and I had recourse. My original post observed, "...had the TSO treated me with the same dignity as the arresting officers I would have had no need to request a complaint form from the supervisor".

On the other hand, who ever the police were at LAX they were rude and abusive beyond necessity. Not being familiar with LAX police coverage, are the LEOs at the airport different than those outside? Here in the NY Metropolitan Area we have a separate group referred to as Transit Police.

This.^

Sadly, most of what gets posted by supposed TSA screeners only reinforces the many negative opinions about them.

Two quickly answered questions:

Are the machines calibrated or checked with a "known contaminant" test strip?

If yes, is it possible that this was what the OP saw tested as their sample?

Now one that is not so easy:

Why would they do this?

Ineptitude, malice or a combination of both. None of that can be ruled out, as the TSA is increasingly rude and otherwise malicious.

BWI is notoriously bad, too.

"Contempt of TSA" aka "Retaliation".