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-   -   No limits on TSA authority? (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/390208-no-limits-tsa-authority.html)

JS Jan 26, 2005 6:11 am

Bart, among other problems, the TSA fines are clearly a Constitutional violation of due process. If someone brings a gun through the checkpoint, the person can be fined anyway owing to current law (laws we are actually allowed to read :rolleyes: ).

Fines for common household objects such as scissors or cake knives are levied by the TSA because the police won't do it since it's not an actual criminal offense (misdemeanor or otherwise).

You can sit there and say that the TSA would never issue a fine for someone who accidentally brings a household object to the airport, but unfortunately that is not true, and, unlike an abusive police officer, the victims have no recourse.

m44 Jan 26, 2005 6:42 am

You are lost
 

Originally Posted by Bart
I don't know where you got your facts from; however, I'd like to clarify a few things for you. First of all, TSA screeners are not law enforcement officers. They cannot order you to do anything against your wishes nor can they detain you; they certainly cannot arrest you.

When you enter a checkpoint, you do so voluntarily. Actually, it's an agreement you've made as a condition for flying a commercial airliner. If you do not successfully complete the screening process, then you don't fly. It's as simple as that.

If you enter a checkpoint and have an illegal item or commit a crime in the process, then it is no longer a security matter. It is a law enforcement matter, and the airport police will take over the situation. That's when all of the legal principles involved in due process comes into effect. Again, what we're talking about here is, for example, if you have a firearm in your possession at the checkpoint, illegal drugs found incidental to a security search or if you assault one of the screeners. (Yeah, I'm oversimplifying it for the sake of discussion.) These situations all meet the minimum standards for police officers to take initial action; although they may choose to exercise police discretion and not necessarily arrest you. This is strictly a law enforcement officer decision not TSA's. But TSA, along with the airline GSC, will offer their recommendations.

TSA was originally created to screen all modes of transportation. This should not be a surprise to you. However, the priority, clearly during the aftermath of 9/11, was with airport security screening. Again, this should not be a surprise. Eventually, TSA is supposed to establish screening methodologies for other modes of transportation or at least address security issues. I don't necessarily envision us having security checkpoints at bus terminals and train stations; however, I think there will certainly be TSA security inspectors who periodically review security procedures at these various modes of public transportation.

You have not lost your civil liberties. The Constitution is still the Law of the Land. I hope you are objective enough to honestly review the information you have available to you and not fall for the empty rhetoric and cheap hyperbole of anti-government paranoia.


Your reasoning is faulty. The words 'voluntarily' and 'agreement' are missused.
We have freedom to move in this country in nomine only. That freedom has been abbridged by people who reson like you. We can only move if we submit ourselves to search during which one can denay us the right to fly without cause.
I know you will say that flying is a privilige - to that I say - the history already have seen systems in which same argument was made - welcome to Stalin's Soviet Union and Hitler's Europe and Sadam's Iraq. Oh, sorry, I forgot, we are doing it in the name of freedom. Since I know that you do not know - the other monsters said the same thing.

Bart Jan 26, 2005 8:04 am


Originally Posted by JS
Bart, among other problems, the TSA fines are clearly a Constitutional violation of due process. If someone brings a gun through the checkpoint, the person can be fined anyway owing to current law (laws we are actually allowed to read :rolleyes: ).

Fines for common household objects such as scissors or cake knives are levied by the TSA because the police won't do it since it's not an actual criminal offense (misdemeanor or otherwise).

You can sit there and say that the TSA would never issue a fine for someone who accidentally brings a household object to the airport, but unfortunately that is not true, and, unlike an abusive police officer, the victims have no recourse.

I think we're in violent agreement here. What made you think I said anything differently?

FWAAA Jan 26, 2005 10:08 am


Originally Posted by Bart
If you strike a TSA screener or verbally abuse a screener (and I'm talking about going beyond mere disagreement; I've witnessed passengers yell racist epithets at my screeners), then you should be fined accordingly.

Excellent post.

I disagree in part with this paragraph. If you strike a screener, then you should face criminal justice, not a civil fine from the TSA. If our criminal justice system levies a fine (along with substantial jail time), then I'm ok with that.

Verbal abuse? Do you really support the imposition of civil fines for verbal abuse? Screeners shouldn't have to endure racial epiteths, but I would prefer that we rely on our criminal justice system to determine facts and levy punishment. If verbal abuse rises to a level the TSA finds unacceptable, then the passenger should be arrested by the LEO for disorderly conduct/breach of the peace/whatever it's called in that jurisdiction.

Bart Jan 26, 2005 11:35 am


Originally Posted by FWAAA
Excellent post.

I disagree in part with this paragraph. If you strike a screener, then you should face criminal justice, not a civil fine from the TSA. If our criminal justice system levies a fine (along with substantial jail time), then I'm ok with that.

Verbal abuse? Do you really support the imposition of civil fines for verbal abuse? Screeners shouldn't have to endure racial epiteths, but I would prefer that we rely on our criminal justice system to determine facts and levy punishment. If verbal abuse rises to a level the TSA finds unacceptable, then the passenger should be arrested by the LEO for disorderly conduct/breach of the peace/whatever it's called in that jurisdiction.

I've found that the law isn't as clear as I thought. What I do not support is double jeopardy. If the local law enforcement officers arrest someone for assault, then it's all up to the judge. TSA shouldn't double-penalize someone by imposing an additional fine. My point was that there should be consequences for clearly unacceptable actions. But there should also be sound judgment and discretion; not an automatic "gotcha" for every infraction, no matter how trivial.

Yeah, a lady shoved her shoes at one of my screeners, jamming a couple of the screener's fingers in the process that required medical attention and wearing a splint. I wasn't a lead screener at the time, but I recall giving my supervisor the proverbial Whiskey-Tango-Foxtrot expression as nothing was done to the lady who injured my screener. This, in my mind, was simple assault, and criminal charges should have been made. If nothing else, her behavior should have been documented and reported to TSA headquarters. Nothing was done. The supervisor and I went behind the proverbial woodshed for a heart-to-heart discussion about this matter, and I was basically told that it was none of my concern. This is why now that I have some measure of authority as a lead screener, I keep a sharp eye on the floor like a hawk and act as the voice of conscious for the supervisors whenever I sense they are unable or unwilling to handle a situation.

What I don't support is a bullying attitude towards passengers. You are not the enemy; it is your safety and best interests we should serve with zeal and professionalism. However, every once in a while, there's one or two of you whose behavior is unacceptable, and we shouldn't tolerate it nor should you. For every action, there's a consequence. I demand it for myself; I don't think it is unreasonable to expect it from others.

Wiirachay Jan 26, 2005 12:08 pm

What's a LEO? :confused:

- Pat

Dovster Jan 26, 2005 12:16 pm


Originally Posted by Wiirachay
What's a LEO? :confused:

- Pat

It is either a law enforcement officer or somebody born in late July - early August.

rgfloor Jan 26, 2005 12:45 pm

"What I don't support is a bullying attitude towards passengers. You are not the enemy; it is your safety and best interests we should serve with zeal and professionalism. However, every once in a while, there's one or two of you whose behavior is unacceptable, and we shouldn't tolerate it nor should you. For every action, there's a consequence. I demand it for myself; I don't think it is unreasonable to expect it from others."

Bart, I quite agree, however when those one or two whose behavior is unacceptable are TSA how are we "John Q Public" supposed to demand consequences? Or even get any kind of answers!!

Bart Jan 26, 2005 2:23 pm


Originally Posted by rgfloor
"What I don't support is a bullying attitude towards passengers. You are not the enemy; it is your safety and best interests we should serve with zeal and professionalism. However, every once in a while, there's one or two of you whose behavior is unacceptable, and we shouldn't tolerate it nor should you. For every action, there's a consequence. I demand it for myself; I don't think it is unreasonable to expect it from others."

Bart, I quite agree, however when those one or two whose behavior is unacceptable are TSA how are we "John Q Public" supposed to demand consequences? Or even get any kind of answers!!

You can fill out a TSA complaint form or write a letter to the airport Federal Security Director. Next best alternative is to complain through your airline representative; however, it's better to use the more direct approach of the complaint form or letter to the FSD.

We are your public servants. How we carry out our duties should withstand your scrutiny.

rgfloor Jan 26, 2005 3:02 pm

Bart, Might I suggest that you take a trip in civilian clothes (no big blue TSA on the back of the shirt) and go thru some of the security lines without flashing ID or telling anyone that you are TSA then come back with more realistic ideas.

On sending a TSA complaint form been there done that twice NO RESPONSE.
Calls to FSD office, we will look into it, NO RESPONSE. You may have the book answer but PLEASE GET WITH THE REALITY!

Bart Jan 26, 2005 4:07 pm


Originally Posted by rgfloor
Bart, Might I suggest that you take a trip in civilian clothes (no big blue TSA on the back of the shirt) and go thru some of the security lines without flashing ID or telling anyone that you are TSA then come back with more realistic ideas.

On sending a TSA complaint form been there done that twice NO RESPONSE.
Calls to FSD office, we will look into it, NO RESPONSE. You may have the book answer but PLEASE GET WITH THE REALITY!

I don't understand your point. You asked me for advice, and I gave it to you. I can understand your pessimism, especially after the frustration of dealing with an unresponsive or uncaring FSD office. I just don't understand what you hope to accomplish by responding with another post that attempts to belittle me as being out of touch with reality.

It appears as if you baited me into a response just so you could come up with some sort of clever counter-response. I hope you achieved whatever satisfaction you were seeking, sir, because it's left me completely confused.

rgfloor Jan 26, 2005 8:47 pm

Bart, That was not my idea at all. As I read your post here in this forum and on many threads you are always apoligising for the stupid activities of other screeners and saying this is not the way it should be. Unfortunately it is the way we FF's see it. I was merely suggesting a way for you to experience the real FF's dilemma. I am truly sorry if it came across as sarcasm.

Cholula Jan 26, 2005 9:39 pm


Originally Posted by rgfloor
Bart, That was not my idea at all. As I read your post here in this forum and on many threads you are always apoligising for the stupid activities of other screeners and saying this is not the way it should be. Unfortunately it is the way we FF's see it. I was merely suggesting a way for you to experience the real FF's dilemma. I am truly sorry if it came across as sarcasm.

I understood where you were coming from with your line of questioning.
There's the "official way it should be", the "theoretical way it could be" and the "it is what it is way". In most cases, the scenarios are very far apart.
The party line is one thing and the way the security situation really plays out in the various airports can be a whole different animal.
Until a TSA person walks in a FF's shoes ( apologize for the analogy :) ) or a FF could be TSA-For-A-Day, I don't think we are going to have any common ground for comparing our frustrations.

Bart Jan 27, 2005 4:23 am


Originally Posted by Cholula
Until a TSA person walks in a FF's shoes ( apologize for the analogy :) ) or a FF could be TSA-For-A-Day, I don't think we are going to have any common ground for comparing our frustrations.

I was a frequent flyer long before I became a TSA screener. Perhaps this is why I am determined to provide professional and courteous service to people who process through my checkpoint, or perhaps it's the work ethic carried on from my years in the military, or perhaps it's both. I come to this web site to help or provide insights. If my comments aren't welcomed, then don't respond to them. I don't have the time nor patience to play little on-line mind games.

rgfloor,
Apology accepted. Let's try it again with some other topic.

m44 Jan 28, 2005 5:57 pm

Bart look at the real life
 
Is this all that difficult to imagine a situtation that those who write complaints to TSA get on a no-fly list quicker than those wh do not complain.
When is the last time the fox responded to a complaint from the chicken.


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