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Originally Posted by cur
My point is proven. Rather than just let stupid issues just slide, (ie, standing around with your hands in your pocket while skippy with the TSA thinks he has his first real big bust) you have to extrapolate, question, and draw lines between TSA screening and the Texas governorship. Two different things guy. The process is stupid, and when you deal with stupid people in a stupid process, the best thing to do is to withdraw your emotions and thought complex, not stoop to their bored level.
Originally Posted by cur
Rather than protesting the TSA by analyzing who said what or whether or not it's right for someone to say this, spend your energy coaching little-league or something. Or better yet, fight for something that really matters, like individual privacy and the upholding of civil rights for all persons. Not how the TSA screener's communications skills could have been sharper and how the cop read the arrest rights and cautions ten seconds after he should have.
Originally Posted by cur
I'm done. I'm convinced that these things can be avoided by restraining the urge to make some stupid point. C-yah on the next "OMG TSA ARRESTED ME! I'M THE VICTIM!" thread.
And yes, being arrested by the TSA [sic] is such a trivial matter. :rolleyes: |
They've been detaining or arresting people for jokes for years at airport security checkpoints. Nothing new here.
Originally Posted by Landing Gear
"Belligerent behavior, inappropriate jokes and threats will not be tolerated. Such incidents will result in delays and possibly missing your flight. Local law enforcement may be called as necessary."
You! That's right, you! You are under arrest. Inappropriate Joking in the First Degree. |
Originally Posted by peachfront
They've been detaining or arresting people for jokes for years at airport security checkpoints. Nothing new here.
Who made Chertoff, Hawley & Co. thought-police, masters of determining the appropriateness or inappropriateness of jokes? Not I. |
A few posts have quibbled about whether or not the OP's arrest was justified, ie. whether the LEO had probable cause for the crime of being under the influence of drugs in CA, or whether the OP should have been even more cooperative, etc.
Assume that there was probable cause, and, assume the OP was as obnoxious as they come (which there wasn't and he wasn't, but just assume). The arrest was for being under the influence. The OP passed the drug test. At that point, he had to be released. Holding him for a full 12 hours, even after there was no remaining suspicion of a crime, is clearly illegal - on top of the other problems with the officer's actions. As several posters above have noted, it's both a state common law tort of false arrest and/or imprisonment and a federal civil rights case under 42 USC 1983. 42 USC 1988 provides for a plaintiff prevailing under Section 1983 to have his attorney's fees paid by the government defendant. Small to medium sized local governments carry insurance for these sorts of claims. All that I know of provide for paying claims against their individual officers, usually through the police department's union contract. On your facts as presented here, they will settle quickly. Eastwest, I agree with the others - do your civic duty and sue. :) |
Originally Posted by peachfront
They've been detaining or arresting people for jokes for years at airport security checkpoints. Nothing new here.
I have a hard time believing that even the current Supreme Court would validate the arrest of anyone for wearing a t-shirt critical of the head of TSA. Some folks seem to have forgotten the last clause of the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
It's a Record: 4,594-Lb Rubber Band Ball
Oregon Man Sets Guinness Record With Rubber Band Ball Weighing in at 4,594 Lbs
By MEGAN REICHGOTT CHICAGO Nov 22, 2006 (AP)— Building a huge ball out of more than 175,000 rubber bands is dangerous business. Really. snip Check out the size of that thing: http://abcnews.go.com/US/wireStory?i...C-RSSFeeds0312 |
This is an amazing story, and the worst part is that it is completely believable in this day and age. Not even as a 'once in a blue moon' but happens often. I commend the OP for trying to preserve his rights, even though the results were not the best. I think contacting a local lawyer is definitely a good course of action, but even before that, contact some media. Local papers, even big distribution papers, are usually pretty easy to reach someone. The news shows usually have toll free numbers to report news.
This is a clear example of abuse of authority. My only worry about the media is that they'll play this up to the sheeple who'll respond 'Well, whatever is necessary so we dont have another 9/11'. I just wish anyone who said that gets an immediate and violent anal probe. |
Wow, I never knew there were so many FT'ers with crystal balls, and could see exactly what happened, so they could impose judgment based only on the OP's side of the story.
When faced with situations such as this, don't be polite and get as belligerent as necessary to get your way.... it’s one way I get to see stupid people on world's most amazing video, otherwise it only ends up in a worthless thread! |
Wow eastwest, your story is pretty frightening. I'm just amazed at how well you kept your head (I would have been screaming and thus allowed the TSA/cop to find a probable cause to arrest me :-\). I always have horrible thoughts that one day, this might happen to me and it would be ugly! I have such a hot head and I know it wouldn't go down well in today's world.
I don't know if you plan on pursuing a course of action, but if you do, you must post about it! I'm flying solo YUL-LHR this December and I'm very wary of security, especially at LHR. Luckily, I don't have to deal with the TSA (hooray!) but I hear that at LHR, they're really cracking down on people. I'm just afraid that since I'm a young woman traveling alone, they will use me as an easy target for a)stealing my goods and/or b)saying I'm smuggling drugs/have suspicious object/similar and try to detain me. Every single time I travel with a relative, I'm always singled out for a Random Search because my background is fully Middle Eastern and though I don't look it, all my relatives do and I become 'suspicious' by proxy. I'm sick of taking off my shoes every time I'm at an airport! |
The problem is these folks are not pros., nor are they very well educated or trained. A little power in the hands of people like this is ripe for abuse. Until some "big wigs" suffer these slings and arrows, nothing will change...
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Possible recourse
I think you should sue for some exhorbitant amount of money, but offer an out of court settlement in which one of the people involved (the biggest d**k) is required to make you a rubber band ball of equal circumference.
It would teach the involved person a lesson, and get you back your lost property. |
Originally Posted by bigdanoneill
(Post 6826484)
I think you should sue for some exhorbitant amount of money, but offer an out of court settlement in which one of the people involved (the biggest d**k) is required to make you a rubber band ball of equal circumference.
It would teach the involved person a lesson, and get you back your lost property. |
Misplaced Advice
Originally Posted by copwriter
(Post 6611421)
I agree that this sounds like a combination of bad TSA work and bad police work, but I'll explain a bit of what I think was going on, at least with regard to the drug charge.
California has a statute that makes it unlawful to be under the influence of a controlled substance. This applies to illicit drugs as well as prescription drugs that the user may have come upon unlawfully. It's a misdemeanor. When I worked in Nevada, we had a similar statute, but it was a felony (this has since changed). There is a fairly rigid and well-established procedure for making the determination of whether someone is "on drugs" or not. It involves what amounts to a mini-medical exam, conducted by a specially trained officer designated as a Drug Influence Recognition Expert (DRE). The DRE training and certification course is fairly rigorous - many officers do not complete it successfully. I did, although that was about 20 years ago. The exam includes several observations of the eyes with regard to tracking movement, pupil dilation under room light and dark room conditions (the latter using both a red and a white light), color of the sclera, etc. The exam also includes recording of pulse and blood pressure and respiration rates, examination of the nostrils, and a field sobriety test that is more or less the same as when determining if a person is under the influence of alcohol (in some jurisdictions, as many as 80% of those arrested for impaired driving are under the influence of drugs, either alone or in addition to alcohol). An examination by a non-DRE is generally held as being worthless as evidence or as probable cause for an arrest. The DRE determines whether the accused is under the influence of a controlled substance, and if so, what category of controlled substance. Precise identification of the drug is not possible at this level of expertise. Categories include opiates, stimulants, depressants, hallucinogens, marijuana, and PCP. A well-trained, ethical DRE will almost never be wrong. If he is, his credibility is greatly injured for any future cases, and his certification is often withdrawn. The DRE's findings are most often confirmed by a chemical test. The accused (in a non-driving case where the only charge is the unlawful use violation) can only be compelled to take a chemical test (urine or blood - a breath test measures only alcohol involvement) if there is a court order, called a seizure order. Otherwise, they may refuse. What eastwest described didn't sound like anything remotely resembling the accepted practice. I have seen this kind of thing before, most often with officers who believe that they can make a DRE determination without the training or certification. If their supervisor is either lazy or complacent, they can get away with it. All that said, I think eastwest could have handled this a little better by going along with the program for his own sake, even if he was to complain later (which I encourage him to do). Standing up for one's rights is appropriate, but doing it in the wrong forum only brings trouble. At the side of the road, or, in this instance, at the security checkpoint, Mr. Officer Is Always Right. Arguing or insisting that he can't do something that he says he can is going to turn into a p***ing contest that the citizen will not win. Go with the flow, be polite, ask for names and ID numbers (most law enforcement agencies require their employees to give this information when asked - if they refuse, note physical descriptions and nametags/badge numbers), and make your case when you're not on their turf. But I hope that eastwest, at a minimum, makes a complaint to the LE agency involved. That is the only way that bad employees can be disciplined or terminated. As for the rubber band ball, I haven't the first clue. |
Welcome to FlyerTalk :)
Would you like to expand on your comments? |
Originally Posted by copwriter
(Post 6611421)
I agree that this sounds like a combination of bad TSA work and bad police work, but I'll explain a bit of what I think was going on, at least with regard to the drug charge.
California has a statute that makes it unlawful to be under the influence of a controlled substance. This applies to illicit drugs as well as prescription drugs that the user may have come upon unlawfully. It's a misdemeanor. When I worked in Nevada, we had a similar statute, but it was a felony (this has since changed). There is a fairly rigid and well-established procedure for making the determination of whether someone is "on drugs" or not. It involves what amounts to a mini-medical exam, conducted by a specially trained officer designated as a Drug Influence Recognition Expert (DRE). The DRE training and certification course is fairly rigorous - many officers do not complete it successfully. I did, although that was about 20 years ago. The exam includes several observations of the eyes with regard to tracking movement, pupil dilation under room light and dark room conditions (the latter using both a red and a white light), color of the sclera, etc. The exam also includes recording of pulse and blood pressure and respiration rates, examination of the nostrils, and a field sobriety test that is more or less the same as when determining if a person is under the influence of alcohol (in some jurisdictions, as many as 80% of those arrested for impaired driving are under the influence of drugs, either alone or in addition to alcohol). An examination by a non-DRE is generally held as being worthless as evidence or as probable cause for an arrest. The DRE determines whether the accused is under the influence of a controlled substance, and if so, what category of controlled substance. Precise identification of the drug is not possible at this level of expertise. Categories include opiates, stimulants, depressants, hallucinogens, marijuana, and PCP. A well-trained, ethical DRE will almost never be wrong. If he is, his credibility is greatly injured for any future cases, and his certification is often withdrawn. The DRE's findings are most often confirmed by a chemical test. The accused (in a non-driving case where the only charge is the unlawful use violation) can only be compelled to take a chemical test (urine or blood - a breath test measures only alcohol involvement) if there is a court order, called a seizure order. Otherwise, they may refuse. What eastwest described didn't sound like anything remotely resembling the accepted practice. I have seen this kind of thing before, most often with officers who believe that they can make a DRE determination without the training or certification. If their supervisor is either lazy or complacent, they can get away with it. All that said, I think eastwest could have handled this a little better by going along with the program for his own sake, even if he was to complain later (which I encourage him to do). Standing up for one's rights is appropriate, but doing it in the wrong forum only brings trouble. At the side of the road, or, in this instance, at the security checkpoint, Mr. Officer Is Always Right. Arguing or insisting that he can't do something that he says he can is going to turn into a p***ing contest that the citizen will not win. Go with the flow, be polite, ask for names and ID numbers (most law enforcement agencies require their employees to give this information when asked - if they refuse, note physical descriptions and nametags/badge numbers), and make your case when you're not on their turf. But I hope that eastwest, at a minimum, makes a complaint to the LE agency involved. That is the only way that bad employees can be disciplined or terminated. As for the rubber band ball, I haven't the first clue. Interestingly, the local attorney I had hired advised that he never flies in or out of LAX because of the problems that have been experienced by people he knows, and I don't mean professionally. In an attempt to obtain a copy of the original charges and additional information on the plaintiff in order to file a counterclaim, I was advised by Homeland Security that they could not release the information as it would compromise the security of the country. However, I could apply for the information under the Freedom of Information Act. At this point I have the name of the plaintiff as the arresting officer was kind enough to provide me with it shortly prior to my release from jail. I should add that the LAPD treated me with the greatest amount of care, considerationand dignity consistent with what I assume are normal procedures for an arrest. A letter to this affect was sent to their commanding officer, once the LA AG decided it would be a waste of his department's time to pursue the matter. One important footnote. When I determined that I would be unable to make my plane for which I had arrived at the airport with substantial time to spare, I advised the assembled throng of airport employees, security people, LA Police, and others who were not easily identfiable by me, that my bag was on the plane and I suggested that it be removed. I was advised that this was being taken care of. Needless to say no one was looking after this, the bag was never removed and continued on the plane without a passenger, who had been arrested prior to boarding the plane. Didn't anyone of the dozen or so assembled professionals detect unusual behavior, in that a passenger was being arrested. Thank god we have increased security. As has been stated numberous times in the last few years "we haven't had a 9/11 since the formation of the Homeland Security and its cousin TSA". Nor, since since our government commited to developing a globel sunami alert system have we had one on the east coast. I am afraid as evidenced by "One Flew Over the Cuckoo's Nest", the inmates are running the asylum. In short, your advice although well meaning is ill advised! |
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