Polygraph (Lie Detector) without consent or attorney
#16
FlyerTalk Evangelist


Join Date: Jul 2005
Location: The Sunshine State
Programs: Deltaworst Peon Level, TSA "Layer 21 Club", NW WP RIP
Posts: 11,372
Originally Posted by sonora
I like the part about watching for unusual behavior, including having a heavy coat on a hot day.
My friends and I are figure skating judges. We often fly places just for the day, and we bring winter type clothing even on the hottest days, because we will be in rinks all day.
My friends and I are figure skating judges. We often fly places just for the day, and we bring winter type clothing even on the hottest days, because we will be in rinks all day.
People say "check it, you won't need it till your destination." Wrong. It replaces the now eliminated airline blanket. The best use was mid segment. Late arrive, last flight of the day out of ATL mechanical cancel, motel voucher. Had to stand 20 minutes outside waiting for motel shuttle. 35 degrees, windy misting rain. Other pax freezing, I'm in Goretex heaven. ^
#17




Join Date: Feb 2002
Location: BOS
Programs: AA EXP 1MM, DL PM, Bonvoy Ambassador (Plat Life), HH G, Amtrak, B6, MR
Posts: 1,722
First the disclaimer: I am not a lawyer. 
My understanding is that the justification for all the security searches, and certainly for any type of a lie-detector type machine when entering an airport is that you are submitting to such searches voluntarily. No one in the government is forcing you to go to the airport and go through the security checkpoint. If you don't like what they do, you don't have to enter the checkpoint -- just leave.
On the other hand ther was recently a case where someone had entered the checkpiont, the screeing process started, and then the person decided he didn't want to continue with the screening and wanted to leave. The TSA wouldn't let the person leave, and a judge upheld that decision saying that once you've started, there's no going back.
So, if you intend to "not fly" because you don't like some screening procedure, you had better do it before you enter the security checkpoint, because there may not be going back.

My understanding is that the justification for all the security searches, and certainly for any type of a lie-detector type machine when entering an airport is that you are submitting to such searches voluntarily. No one in the government is forcing you to go to the airport and go through the security checkpoint. If you don't like what they do, you don't have to enter the checkpoint -- just leave.
On the other hand ther was recently a case where someone had entered the checkpiont, the screeing process started, and then the person decided he didn't want to continue with the screening and wanted to leave. The TSA wouldn't let the person leave, and a judge upheld that decision saying that once you've started, there's no going back.
So, if you intend to "not fly" because you don't like some screening procedure, you had better do it before you enter the security checkpoint, because there may not be going back.
#18
Original Poster


Join Date: Sep 2001
Location: Arizona, USA
Posts: 2,424
sxpsxpsxp,
I see your point and I know about the "point of no return" case.
The question is whether or not this is "reasonable." Likewise, the "implied consent" of entering the checkpoint may not hold up because there is no explanation of what will happen to the passenger. In other words, it's not "informed" consent.
I would be eager to hear a lawyer's opinoin.
I see your point and I know about the "point of no return" case.
The question is whether or not this is "reasonable." Likewise, the "implied consent" of entering the checkpoint may not hold up because there is no explanation of what will happen to the passenger. In other words, it's not "informed" consent.
I would be eager to hear a lawyer's opinoin.
#19
Suspended
Join Date: Nov 2004
Posts: 1,441
Originally Posted by sxpsxpsxp
First the disclaimer: I am not a lawyer. 
My understanding is that the justification for all the security searches, and certainly for any type of a lie-detector type machine when entering an airport is that you are submitting to such searches voluntarily.

My understanding is that the justification for all the security searches, and certainly for any type of a lie-detector type machine when entering an airport is that you are submitting to such searches voluntarily.
#20




Join Date: Sep 2003
Location: Houston
Posts: 8,957
Originally Posted by red456
You are correct; however, this recent test if Knoxville was "only a test" and pax apparently could refuse to participate. I'm certain if the TSA ever introduced it as a screening mechanism, no one would be able to refuse.
#21
Join Date: Aug 2004
Posts: 707
Originally Posted by Mats
I'm doing my best to overcome my "securiphobia," but this trial of polygraph testing in Knoxville makes my skin crawl.
My gut reaction would be, "Not without an attorney."
But the TSA's response would no doubt be, "Do you want to fly today?"
Personally, I would welcome having the TSA deny me boarding for refusing to take a polygraph. I suspect I could get on the local TV news for that. That would be worth missing an important business meeting over.
(If this happens to you, make sure to document the names of the folks you interact with, and escalate it up the chain while you're there at the security checkpoint -- preferably, you want to be denied boarding by someone high up, like the ground security coordinator, not a random front-line TSA screener.)
Something is terribly wrong here. Polygraph testing is not admissable in court, but apparently is admissable in the kangaroo airport court. And this is being conducted without consent and without legal counsel.
#22
Join Date: Aug 2004
Posts: 707
Originally Posted by sxpsxpsxp
My understanding is that the justification for all the security searches, and certainly for any type of a lie-detector type machine when entering an airport is that you are submitting to such searches voluntarily. No one in the government is forcing you to go to the airport and go through the security checkpoint. If you don't like what they do, you don't have to enter the checkpoint -- just leave.
That just shows how morally bankrupt and unAmerican this "implied consent" / "you submitted voluntarily" line of reasoning is.
Any legal argument that can countenance mandatory lie detector tests for everyone going through an airport security checkpoint is completely nuts. But then, sometimes "the law is an ...". I wouldn't put it past the Supremes to roll over and let the TSA get away even something as egregiously authoritarian as this.
On the other hand ther was recently a case where someone had entered the checkpiont, the screeing process started, and then the person decided he didn't want to continue with the screening and wanted to leave. The TSA wouldn't let the person leave, and a judge upheld that decision saying that once you've started, there's no going back.
#23
Join Date: Feb 2002
Location: XNA, TUL
Programs: Avis First, AA plebian :(
Posts: 196
Originally Posted by Mats
I'm doing my best to overcome my "securiphobia,"
Why should you try to accomodate a group of people who have consistently shown a complete unwillingness to implement useful security measures that don't infringe on our rights and convenience and yet make our travels safer, but are more than happy to throw up some window dressing that, if anything, makes the skies more dangerous?
#24
Join Date: Jan 2005
Location: ORD
Programs: CO PLT, HH DIA
Posts: 1,461
Just to find out what the response would be, I asked my supervisor if I were to get seated in one of these and I refused, would the company be sore with me for missing the flight after a "do you want to fly today?" confrontation. He considers it entirely reasonable to refuse to answer an interrogation without an attorney present and said that the company would not penalize me for missing a flgiht for such a reason. Thus, "Do you want to fly today?" isn't a problem for me. I realize that not everyone works for a company that defends its employees' rights as mine does, but that's one corporation's view.
--PP
--PP

