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Originally Posted by goalie
(Post 12300673)
there is a gross misconception that the alcu is just a group of left-wing nut job lawyers who fight for their own left-wing nut jobs. they are actually equal opportunity nut-jobs ;) and fight for, and have fought for, both left-wing and right-wing nut jobs alike based on the issue(s) and not the political views/sides
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Originally Posted by We Will Never Forget
(Post 12300657)
To address your first point, he can legally ask what his rights are to his heart's content. What his intentions were, are more than likely another story.
Originally Posted by We Will Never Forget
(Post 12300657)
On your second point, I'm sure they will say the money was found incident to a lawful search for WEI.
Originally Posted by We Will Never Forget
(Post 12300657)
This discovery resulted in the police being notified who subsequently assumed the investigation.
Originally Posted by We Will Never Forget
(Post 12300657)
The legal questions I see here are:
1. Can the $10,000 directive be upheld? 2. Was the money discovered during a search for WEI and located in a place where WEI could be? 3. At what point was it discovered that the amount of cash was below the directive's threshold? 4. Was there reasonable suspicion before the amount was confirmed? 5. After the amount was confirmed, was there a reason to continue the investigation? 6. If there was reason to continue the investigation, what facts determined the outcome? 1. No. 2. Yes. 3. Irrelevant. IMHO, the directive won't be allowed by the courts. 4. Reasonable suspicion of what? 5. There was no reason to BEGIN the "investigation", much less to continue it at any point. 6. The fact that there was no WEI. |
Originally Posted by N965VJ
(Post 12300476)
Really, when he asked questions with calm decorum while TSOs and LEOs hurled expletives at him?
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Originally Posted by We Will Never Forget
(Post 12300700)
Freeing suspected terrorists and trying to kill Christmas; not a good way to make friends.
It's like saying "What about all the good things Hitler did?". But yes, they have been on both sides of the fence. Ensuring separation of church and state is part of the constitution, not everyone in this country is a christian. You can still celebrate Christmas. Everyone, regardless of their crime, is entitled to a trial in a timely manner. Holding people in a prison with no conviction or worse yet secret prisons and secret trials happens in countries like North Korea and Iran. Our constitution was created to protect everyone, not just people who deserve protection. Congratulations on invoking Goodwin's law |
Originally Posted by We Will Never Forget
(Post 12300511)
Would a reasonable person believe that the TSA and police were going to conspire against him because of his political leanings?
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Originally Posted by We Will Never Forget
(Post 12300681)
Every Federal agency looks for that. Congressional reports can effect funding levels tremendously. However, you can't have a line item in your budget proposal asking for "Funding to defend/settle lawsuits for unlawful searches/detention". Somehow I think the budget committee would give that a :rolleyes:.
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Originally Posted by n4zhg
(Post 12300810)
Not to mention outright threats. About they only thing they didn't threaten him with was anal rape in a prison cell. Steve held his temper, better than I likely would have in a similar situation. They (TSO and police) were trying to get his goat, in the hopes he would get violent and give them an excuse for arrest.
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Originally Posted by n4zhg
(Post 12300827)
I don't see why. NYPD has a line item in it's budget just for that little thing. I believe the annual amount is about $40 million. NYPD for some strange reason tends to lose in civil court and thus most lawsuits are settled before trial.
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Originally Posted by We Will Never Forget
(Post 12300511)
Would a reasonable person allow himself to be detained if a simple explanation would prevent it?
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Originally Posted by We Will Never Forget
(Post 12300831)
Like HE wasn't doing the very same thing, simply in a different manner?
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Originally Posted by magellan315
(Post 12300814)
Ensuring separation of church and state is part of the constitution, not everyone in this country is a christian. You can still celebrate Christmas.
Everyone, regardless of their crime, is entitled to a trial in a timely manner. Holding people in a prison with no conviction or worse yet secret prisons and secret trials happens in countries like North Korea and Iran. Our constitution was created to protect everyone, not just people who deserve protection. Congratulations on invoking Goodwin's law The case I was referring to involved someone who doesn't not fall under the U.S. Constitution. Constitutional restrictions on the U.S. Government only apply on U.S. soil or to U.S. Citizens anywhere in the world. This was not the case. Maybe the ACLU lawyers need to go to Afghanistan and solve the problem there. I can arrange the aircraft. :D The Hitler thing wasn't a bailout, it was simply a figurative comparison. Anybody, at any point in time can be made to look like a hero. |
Originally Posted by magellan315
(Post 12300846)
Would a reasonable person who is breaking no laws when confronted by Federal government employees and local law enforcement who question him in an overly aggressive manner, use threats, and abusive language not ask about his legal rights.
If he broke no laws, then why wouldn't he answer the questions? How many travelers would have acted in the same manner? I'm going to guess relatively few, as these cases aren't popping up all over. |
Originally Posted by n4zhg
(Post 12300819)
YES! I am one who has been punished by DHS for my political expression.
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Originally Posted by We Will Never Forget
(Post 12300907)
If he broke no laws, then why wouldn't he answer the questions?
The Hitler reference was a bailout. When all else fails, when your arguments do not hold up compare something to Hitler to distract from the real discussion. |
Originally Posted by We Will Never Forget
(Post 12300907)
If he broke no laws, then why wouldn't he answer the questions?
Because it's rude to ask someone where they got their money, and why they're carrying it ... especially, as has been noted frequently, the presence of any quantity of cash has nothing to do with the safety of airline travel. Because, as James Duane has effectively demonstrated, answering questions from those acting under the color of authority rarely leads to good results. If The Powers That Be don't get you for the original crime, they can get you for something else you reveal in your answers.
Originally Posted by We Will Never Forget
(Post 12300907)
How many travelers would have acted in the same manner? I'm going to guess relatively few, as these cases aren't popping up all over.
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