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-   -   "The passenger was interfering with the screening process..." -video at 11 (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/843538-passenger-interfering-screening-process-video-11-a.html)

Fredd Jul 10, 2008 10:34 am

Too many cosmetics in her carry-on?

Grabbing her from behind and throwing her to the floor to prevent her from using her lip gloss on somebody?

I learned long ago in my previous life that there are two sides to almost every story; the LEO side would have to be a doozie to convince any jury I was on.

We Will Never Forget Jul 10, 2008 10:41 am

She's going to get paid, but I highly doubt her honesty.

She stated that there was no provocation, no argument and agreed that it "seemed to come from nowhere".

Really, the police were called even though there was no disagreement? :rolleyes:

NorcrossFlyer Jul 10, 2008 11:08 am


Originally Posted by We Will Never Forget (Post 10012672)
She's going to get paid, but I highly doubt her honesty.

She stated that there was no provocation, no argument and agreed that it "seemed to come from nowhere".

Really, the police were called even though there was no disagreement? :rolleyes:

A disagreement doesn't give the cops the justification to beat the crap out of you.

She could have been acting like a complete beeeotch and it still would not have justified the cops actions.

sbrower Jul 10, 2008 11:09 am

A few legal corrections.

1. The fact that the TSA "called the LEO's" will generally *not* result in any liability for the TSA. That is, in general, "calling" a LEO is a privileged action. (I have not taken the time to dig out the cases on the extent of the privilege -there are exceptions for provision of false information, but even those are pretty tough to meet, because it is the responsibility of the LEO to determine accurate information before proceeding).

2. Spiff, your comment about the arrest powers of TSA are, I believe, not accurate. TSA employess, as non-LEO private citizens, *can* effect an arrest and they *can* use reasonable force to do so (i.e. - they have the same rights you do as a non-LEO). HOWEVER, it is my understanding that TSA policy prohibits their employees from excercising those rights, except in the case of self-defense.

As an example, I found the following quote (taken from an article on the subject):

District of Columbia Law 23- 582(b) reads as follows:

(b) A private person may arrest another -

(1) who he has probable cause to believe is committing in his presence -

(A) a felony, or

(B) an offense enumerated in section 23-581 (a)(2); or

(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest.

(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L. 91-358, Title II, § 210(a); 1973 Ed., § 23-582; Apr. 30, 1988, D.C. Law 7-104, § 7(e), 35 DCR 147.)

NOTE: Unlike a LEO, a private citizen probably does *not* have a right to make a "good faith" mistake. A private citizen usually must be *correct* that they witnessed a felony. But, if they did, they can use reasonable force to detain the individual and to deliver them to a LEO. [FOOTNOTE: This is commentary from a lawyer, but it is NOT legal advice. Don't forcibly arrest anyone until you talk to your own attorney and confirm the current law in your own jurisdiction.]

Spiff Jul 10, 2008 11:15 am


Originally Posted by We Will Never Forget (Post 10012672)
She's going to get paid, but I highly doubt her honesty.

She stated that there was no provocation, no argument and agreed that it "seemed to come from nowhere".

Really, the police were called even though there was no disagreement? :rolleyes:

Just because there's a disagreement is no reason to call the police.

Even if she cussed out the police and/or the TSA employee, there is no excuse for the physical abuse she received.

Wally Bird Jul 10, 2008 11:21 am


Originally Posted by We Will Never Forget (Post 10012672)
She's going to get paid, but I highly doubt her honesty.

She stated that there was no provocation, no argument and agreed that it "seemed to come from nowhere".

Really, the police were called even though there was no disagreement? :rolleyes:

IIRC the original story alleged she was intoxicated, but did not state the degree of intoxication. Doesn't seem to me to be a rolling drunk on the video, but likely mouthed off a bit to the screener.

Not worthy of a trip to the floor, a face plant and incarceration IMO.

"Interfering". Yeah, whatever :rolleyes:

MarcPHL Jul 10, 2008 11:22 am

But what about this Day and Age©™? What about the children? I mean come on for crying out loud...Remember the Maine!

We Will Never Forget Jul 10, 2008 11:30 am

For all that commented:

Please read the post. I did not say I condoned the actions, I simply questioned the intergrity of her statements.

Fredd Jul 10, 2008 11:34 am


Originally Posted by We Will Never Forget (Post 10012987)
For all that commented:

Please read the post. I did not say I condoned the actions, I simply questioned the intergrity of her statements.

Fair enough IMO. As I mentioned up-thread, I learned long ago in my previous life that there are two sides to almost every story; the LEO side would have to be a doozie to convince any jury I was on.

We Will Never Forget Jul 10, 2008 11:37 am


Originally Posted by Fredd (Post 10013016)
Fair enough IMO. As I mentioned up-thread, I learned long ago in my previous life that there are two sides to almost every story; the LEO side would have to be a doozie to convince any jury I was on.

I agree.

You want to go where? Jul 10, 2008 12:09 pm


Originally Posted by sbrower (Post 10012858)
District of Columbia Law 23- 582(b) reads as follows:

Just a reminder that DCA is in the Commonwealth of Virginia, so I presume that it is their law which would apply, rather than DC law.

sbrower Jul 10, 2008 12:32 pm


Originally Posted by You want to go where? (Post 10013254)
Just a reminder that DCA is in the Commonwealth of Virginia, so I presume that it is their law which would apply, rather than DC law.

You are correct, but I wasn't even thinking about the location of the airport. The article I was reading just happened to have that statute. According to the aritlce, every state in the U.S., except North Carolina, has a statute authorizing citizen's arrest. And North Carolina apparently also allows it as a matter of common law.

Spiff Jul 10, 2008 12:41 pm


Originally Posted by sbrower (Post 10013380)
You are correct, but I wasn't even thinking about the location of the airport. The article I was reading just happened to have that statute. According to the aritlce, every state in the U.S., except North Carolina, has a statute authorizing citizen's arrest. And North Carolina apparently also allows it as a matter of common law.

What says the law regarding "resisting arrest" of a so-called "citizen's arrest? ;)

phedre Jul 10, 2008 12:56 pm


Originally Posted by GothJenny (Post 10012429)
Maybe she was dressed too nicely? She should dress like a Goth - people always keep their distance.

Now there's an interesting strategy. I think I'll "forget" to shower for the next four days before my flight on Monday :D

mdusry Jul 10, 2008 1:08 pm

Amen, Brother!!!
 

Originally Posted by Spiff (Post 10012084)
I not only hope she wins her lawsuit but that the police and TSA employees responsible for her abuse have to pay up out of their own pockets. The police belong in prison for their disgusting actions too. :mad:

Ditto & double-ditto. The "policeman" Urbino is clearly a psychotic, Nazi thug and should be in a mental institution after being sent to prison. Interesting that so far I have not heard either presidential canditate or any senatorial candidate address the horrific brutality and sheer stupidity Americans suffer on every trip we take.:mad:


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