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Old Aug 29, 2009 | 11:38 am
  #61  
 
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Originally Posted by goalie
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
I don't think you have to be a "nut-job" to bring passion to your work, and set or clarify a legal precedent.
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Old Aug 29, 2009 | 12:00 pm
  #62  
 
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Originally Posted by We Will Never Forget
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.
You don't know his intentions, and neither do I. You make ASSumptions about his intentions. I make assumptions about his intentions, too -- and I applaud them.


Originally Posted by We Will Never Forget
On your second point, I'm sure they will say the money was found incident to a lawful search for WEI.
I don't think that fact is in dispute.


Originally Posted by We Will Never Forget
This discovery resulted in the police being notified who subsequently assumed the investigation.
Why?


Originally Posted by We Will Never Forget
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?
IANAL, but this is my take on it:

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.
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Old Aug 29, 2009 | 12:10 pm
  #63  
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Originally Posted by N965VJ
Really, when he asked questions with calm decorum while TSOs and LEOs hurled expletives at him?
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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Old Aug 29, 2009 | 12:11 pm
  #64  
 
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Originally Posted by We Will Never Forget
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
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Old Aug 29, 2009 | 12:11 pm
  #65  
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Originally Posted by We Will Never Forget
Would a reasonable person believe that the TSA and police were going to conspire against him because of his political leanings?
YES! I am one who has been punished by DHS for my political expression.
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Old Aug 29, 2009 | 12:15 pm
  #66  
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Originally Posted by We Will Never Forget
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 .
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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Old Aug 29, 2009 | 12:18 pm
  #67  
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Originally Posted by n4zhg
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.
Like HE wasn't doing the very same thing, simply in a different manner?
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Old Aug 29, 2009 | 12:23 pm
  #68  
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Originally Posted by n4zhg
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.
I was being facetious. I'm sure there is something tucked away in every budget to cover these things. I don't think Congress is going to readily expand the budget for an agency that causes too many headaches. That would be a political trick bag.
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Old Aug 29, 2009 | 12:25 pm
  #69  
 
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Originally Posted by We Will Never Forget
Would a reasonable person allow himself to be detained if a simple explanation would prevent it?
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.
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Old Aug 29, 2009 | 12:33 pm
  #70  
 
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Originally Posted by We Will Never Forget
Like HE wasn't doing the very same thing, simply in a different manner?
He was asking whether he was legally required to answer their question. When they didn't say yes who was breaking the law by interrogating him further?
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Old Aug 29, 2009 | 12:42 pm
  #71  
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Originally Posted by magellan315
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
Of course you can still celebrate Christmas, you just have to be paranoid over who you might offend. The ACLU has blown this issue way out of proportion and in doing so, alienated quite a few people. The State no more promotes any religion by allowing it's decorations than you promote the TSA by buying an airline ticket.

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.

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.
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Old Aug 29, 2009 | 12:50 pm
  #72  
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Originally Posted by magellan315
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.
Let's not go down that road. It's fairly apparent that he was baiting them into either overreacting or making some type of ridiculous statement. (which he was successful on both) If there was any legitimate type of reasonable suspicion, he did nothing to dissuade it.

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.
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Old Aug 29, 2009 | 12:53 pm
  #73  
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Originally Posted by n4zhg
YES! I am one who has been punished by DHS for my political expression.
So that makes it a reasonable person standard?
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Old Aug 29, 2009 | 12:59 pm
  #74  
 
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Originally Posted by We Will Never Forget
If he broke no laws, then why wouldn't he answer the questions?
If he is breaking no laws he is under no obligation to answer the question. Which is what he was asking and so please provide answer. Was he legally obligated to answer their questions and if so what is the law? There was no legitimate reasonable suspicion, he had $4700.00 with him and there is no law against that.

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.
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Old Aug 29, 2009 | 1:05 pm
  #75  
 
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Originally Posted by We Will Never Forget
If he broke no laws, then why wouldn't he answer the questions?
Because he doesn't have to prove that he didn't break any laws; TSA has to prove that he broke the law.

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
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.
We can't know the answer to that question. First of all, I suspect very few travelers have that much cash on them, relatively speaking. ($4700? Heck, I've never held that much cash in my hands at one time.) Second, of those very few travelers, I suspect very few TSOs would've identified that cash as potential contraband and escalated the incident as this TSO did. At that point, we're dealing with a small enough set of people to make any statistics meaningless.
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