Man Wins Lawsuit Against Airport Security, Forces Them to Learn Fourth Amendment

Wait.
There are FOUR amendments?
Damn you Fox News, You led me to believe there were only two!
The one where i can have a gun and the one where i can say anything i want, because i have a gun.

S&F

I will definitely give this a Yeee-Haaaa and a hat throw!!!

I guess he schooled them

Originally posted by Xcathdra
reply to post by grey580

 

If you get to the airport and decide you don't want to consent to airport TSA checks, then you are free to leave and find another form of travel.

I certainly hear the rest of your words beyond the quote, but............

I think I've heard many stories where folks balked at the checks and were not allowed to go freely as you suggest.

Originally posted by Xcathdra

The 4th amendment does not apply to airport security / TSA.

Actually I did some research and it turns out that anytime anyone detains someone, they have to recognize all of their civil rights.

Any violation of these rights is a violation and can be pursued legally.

I think the TSA is handling these naked people incorrectly.

Let them strip buck naked if they want.
Run them through the normal system.
If they refuse the scanner then get the wand and pass it over them.

If the 'snifer' machine gives a hit, take them in back for a cavity search. Then thank them and send them on their way.

These protesters are looking for a reaction. Don't give it to them.

Now if one makes any comment about their 'junk' to a female TSA agent, arrest them for some sexual harrasment crime. Prosecute them like any common sexual criminal. Have them register as a sexual offender as others.

We all recognise that searches are needed and not going away. Just get over it.

Originally posted by grey580
reply to post by Xcathdra

 

nope. They are government employees.
The TSA is a government agency enacted by an act of congress.
They must follow the laws of the constitution.

Private security firms cannot break the law either.

Right... and again the TSA did not violate any laws by conducting security checks in airports. Please take the time to research how the laws work and how your civil rights are affected.

A violation occurs when its forced, not when its voluntary.

While travel inside and across state lines is constitutionally protected, the method of travel is not.

Originally posted by muzzleflash

Originally posted by Xcathdra

The 4th amendment does not apply to airport security / TSA.

Actually I did some research and it turns out that anytime anyone detains someone, they have to recognize all of their civil rights.

Any violation of these rights is a violation and can be pursued legally.

edit on 25-7-2013 by muzzleflash because: (no reason given)

When you fly, you have chosen to abide by the rules in place. If you get to the airport and decide you don't want to submit to a security check point, you are free to leave and find an alternate form of travel.

The 4th amendment does not apply to the individual - it applies to the government (people need to read and understand it before yelling at me).

The 4th amendment requires the government to submit probable cause in order to obtain a search warrant. The exceptions to the 4th, and this is where the argument people are making fall flat, is consent by the individual in question.

People are told and know that if they wish to fly, they will be required to go through a security checkpoint. This is not something that is sprung at the last minute.

Secondly, the airline industry is a business... Even if a person makes it through security, the airlines can still refuse to allow a person to fly. Just as a business can tell a person to leave their store because they don't want their business.

The TSA and Department of Homeland security is one of the worst reactions I have ever seen. Its Draconian in nature, lacks leadership and consistently finds ways to screw up.

I would rather see the DHS disbanded and the money transferred to NASA.

Why do you keep saying "if you don't want to be searched, you are free to leave and find alternate forms of travel"? Have you not been paying attention to this subject in the past year or so? People refusing the search and opting to leave were NOT allowed to "just leave". They were now under suspicion and were detained and STILL searched. Better yet, instead of just believing me or news you can read on the internet, why don't you go try out your "free to refuse and leave" theory for yourself after they tell you to step up for TSA inspection.

Let us know how that turns out for you.

Originally posted by Larry L
Why do you keep saying "if you don't want to be searched, you are free to leave and find alternate forms of travel"?

Because its a true statement....

Originally posted by Larry L
Have you not been paying attention to this subject in the past year or so? People refusing the search and opting to leave were NOT allowed to "just leave". They were now under suspicion and were detained and STILL searched. Better yet, instead of just believing me or news you can read on the internet, why don't you go try out your "free to refuse and leave" theory for yourself after they tell you to step up for TSA inspection.

Let us know how that turns out for you.

edit on 25-7-2013 by Larry L because: (no reason given)

Paranoid much? Its not every airport nor is every person who refused detained and searched. Many people have opted not to submit to a search and have left the airport without incident.

Using your sensationalism one could argue that every person who drinks alcohol and drives is going to be intoxicated, stopped by police and arrested, when its simply not true.

There is a significant difference in declining to submit to a security check and leaving and declining to submit to a security check while demaning to be let through because the TSA is violating the law / constitution (which they are not).

Feel free to research the people who have been arrested and actually take the time to see what they were charged with. Then come back and try and defend your blanket statement.