TSA To Undertake Punitive Investigation of Dissenter

16Nov/1012

TSA To Undertake Punitive Investigation of Dissenter

In case you haven't followed the story, John Tyner was set to depart San Diego's Lindbergh Field to fly to South Dakota to do some hunting with his father-in-law. Prior to leaving, he went to the TSA's website to find out whether there were body scanners in use. There was no notice of body scanners at the site.

While in line for his security check, he noticed that there was indeed a body scanner in operation. He notified TSA that he wanted to opt out of the scanner, and further, that if they touched his junk he was going to press sexual assault charges. The agent on duty called a supervisor, and after taking information on a form, specifically told Tyner that he was free to leave. Tyner was escorted to the American Airlines counter, where he was able to get his ticket refunded, but when he was about to leave the airport, he was detained again, apparently by the top TSA supervisor to the airport.

He was then told that despite what he had been told by the TSA screener and supervisor, once you have gotten to the screening point, you no longer have the right to refuse to co-operate. They again asked him for his name, which he'd already given them when they filled out the form. He was told that he could be subject to a civil fine of $10,000 if he left the airport without submitting to their body search, because for all they knew he might be carrying a bomb. The agents who had given him bad advice weren't going to be subject to any kind of punishment. The supervisor said that all the information was available at the TSA website. Tyner noted that there was nothing about a backscatter scanner at Lindbergh on the web. The supervisor said he wasn't a web guy.

Now, apparently, they're going to make good on their threat, despite their own culpability in the situation. As far as I know, there aren't any signs stating that once you cross this point, you are legally obligated to suffer any kind of search the TSA sees fit. It's simply amazing that the TSA believes that citizens are to be held to a higher standard of knowledge of procedures and the law than their own employees, but that's really par for the course.

Despite remarks of TSA agents that the junk-touching patdown procedures are meant to serve as a deterrent to those who would refuse to go through the scanners, the TSA spokesperson in this case specifically denies that that is so. Moreover, the TSA is looking to unionize its cadre of professional gropers, ensuring that their unimpeachable standards will remain unimpeached forever.

Dan Collins

Dan Collins is a dude who blogs. He used to blog elsewhere. Now he blogs here.

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Comments (12) Trackbacks (1) ( subscribe to comments on this post )

SarahW
November 16th, 2010 - 12:16

I can’t believe the TSA is so very stupid. The one ruling that rolls their way is from the most reversed circuit on the planet, and did not contemplate the extreme searches demanded in the present case, conducted in the absence of any suspicion.

They are ensuring both the fate of the security procedures that provide such nice ass cover for the administration, and the TSA itself. I think this will be the end of them.

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SarahW
November 16th, 2010 - 12:20

This should go over about as well as their policy of deliberately humiliating opt-outers in front of other passengers, to encourage those other passengers to opt-in.

Vindictive and short sighted is what it is. A first year law student could explain why a remark that you will have someone arrested (a legal action) for committing a battery is not an illegal threat or obstruction, not when made in good faith.

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snaqwells
November 16th, 2010 - 12:21

I have to admit, even with my propensity not to care so much, it disturbs me that they’d require you to undergo the search even if you “opt out” at the last minute. As much as I’ve flown, I’ve never seen a sign that says one is subject to prosecution for advancing beyond a certain point and turning around.
I’m all for counterintelligence, but there’s no intelligence that can be gathered from that point that can’t be obtained from a position outside the security area but within line-of-sight of the scanning areas.
More intel could be gathered, in fact, by actually undergoing the frisk search.

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Bob Reed
November 16th, 2010 - 12:21

B-B-But I thought Dissent! was the highest form of patriotism.

Seriously though, folks need to call their reps and tighten up on “Big Sis” Napolitano.

http://proteinwisdom.com/?p=22864

You know who won’t have to go through scanners, or be groped? Muslim women in the Hijab ! That’s right, members of the very group most likely to be involved in terrorist attacks will be exempt.

Never mind that inceasingly AQ is turning to women to carry out attacks precisely because the Hijab is excellent for concealing explosives.

Any deaths that result from this can be directly attribured to PC, multi-culti, special interest pandering…

Me? I blame Obama.

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The Monster
November 16th, 2010 - 13:03

Demand a jury trial.

Read the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“Ladies and Gentlemen of the Jury: I did not consent to forfeit my rights under the Fourth Amendment simply by purchasing an airplane ticket. When the TSA insisted I had given them consent to touch me in the most intimate way, I reasserted my rights. I chose not to fly if I had to be subjected to that indignity. Whether the TSA has written a regulation claiming otherwise, the Constitution says I still have my right to privacy.”

Judge will probably declare mistrial when the guy openly calls for nullification, but screw ‘im.

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Rip VanBullwinkle
November 16th, 2010 - 18:01

Tyner’s big mistake was in not acting flamboyantly gay and refusing the scanner to be “felt up” by that hunky looking agent (pointing at some hapless agent off to the side). After the search was over tell them “no, it wasn’t thorough, air safety demands you do it again”. Rinse, lather and repeat.

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Dan Collins
November 16th, 2010 - 18:21

Yeah, I posted something like that, yesterday, but I agree that that’s the best way to deal with it.

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Rip VanBullwinkle
November 16th, 2010 - 20:41

If air safety is indeed the TSA’s objective, how do you think their agents would react to a flamboyantly gay person (think Richard Simmons) passing through and yelling “You didn’t feel everything”? Would planes be grounded?

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Karol
November 17th, 2010 - 02:56

Government intimidation for sure. They are going to make an example of this man and a few more like him to scare everyone else into compliance.

These are the things (any oldsters out there?) that totalitarian governments do because the people have let them get away with the incremental theft of our rights.

It is evil.

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jake
November 18th, 2010 - 21:58

DA Now Sending Deputies to SF Airport to Investigate Felony Groping

…incoming chief deputy DA of San Mateo Steve Wagstaffe said his office will prosecute TSA employees who engage in lewd and lascivious behavior while conducting Homeland Security mandated patdowns at the San Francisco International Airport in San Mateo County.

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BOSSANTI
December 2nd, 2010 - 00:43

Everyone here is full of crap. These guys do a wonderful job at keeping us safe everyone has forgotten what happen in 9 11 01. Obviously we have and what we dont know is the media hype is even worst you think terrorist arent watching us be stupid on tv and planning their next move on us? they are goning to use the very people who dont want to go thru those scanners to make a scene form a dsitraction and kill us all. TSA please protect us all.

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Dan Collins
December 2nd, 2010 - 11:26

Thanks for your input.

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