Re: [dave () FARBER NET: Re: A provokative pov -- screening gets slammed by federal judge]

[David Farber <dave () farber net>]

Begin forwarded message:

From: bmanning () vacation karoshi com
Date: July 8, 2009 6:12:12 PM EDT
To: rob () casasiegel com, dave () farber net
Cc: bmanning () vacation karoshi com
Subject: [dave () FARBER NET: [IP] Re:   A provokative pov --  screening  
gets slammed by federal judge]


my wife and I have been harrassed by the TSA for carrying
passports for:

        Texas  (issued by the State of Texas Tourist Board)
        National Parks Passport (Issued by the US Department of the Interior)

The TSA screeners flagged these as "fake" passports and we missed our
connecting flight due to being caught with these fakes.

--bill
        


----- Forwarded message from David Farber <dave () FARBER NET> -----

Begin forwarded message:

From: Robert Siegel <rob () casasiegel com>
Date: July 8, 2009 3:57:46 PM EDT
To: Dave Farber <dave () FARBER NET>
Subject: Re: [IP] TSA screening gets slammed by federal judge

Dave,

Dumb question to you and the list:

If a TSA member caught people using fake passports, isn't that a good
thing
for the citizenry?  I've listened to the audio tape from Mr. Bierfeldt's
experience, and I agree that the TSA representatives behaved
incorrectly in
that instance, but if these folks can catch people who might be
smuggling
drugs or people illegally (into prostitution, slavery, etc.),
shouldn't we
be happy about that?

While I grant that "increasing scope" on negative things is a real pain,
what about when they do things that are good for us?  Personally, I'm
psyched someone caught some bad guys smuggling fake passports.

Best,

Rob



On 7/8/09 7:01 AM, "Dave Farber" <dave () farber net> wrote:

> Begin forwarded message:
>
> From: Richard Forno <rforno () infowarrior org>
> Date: July 8, 2009 9:20:26 AM EDT
> To: Undisclosed-recipients: <>;
> Cc: Dave Farber <dave () farber net>
> Subject: TSA screening gets slammed by federal judge
>
> JULY 7, 2009, 11:14 P.M. ET
>
> Is Tougher Airport Screening Going Too Far?
>
> By SCOTT MCCARTNEY
>
> http://online.wsj.com/article/SB10001424052970204556804574261940842372518.html
> The Transportation Security Administration has moved beyond just
> checking for weapons and explosives. Itb
> screeners to spot anything suspicious, and then honoring them when
> searches lead to arrests for crimes like drug possession and credit-
> card fraud.
>
> But two court cases in the past month question whether TSA searchesb
> which the agency says have broadened to allow screeners to use more
> judgmentb
>
> A federal judge in June threw out seizure of three fake passports from
> a traveler, saying that TSA screeners violated his Fourth Amendment
> rights against unreasonable search and seizure. Congress authorizes
> TSA to search travelers for weapons and explosives; beyond that, the
> agency is overstepping its bounds, U.S. District Court Judge Algenon
> L. Marbley said.
>
> Two recent court cases question whether TSA searches have been going
> too far.
>
> b
> detecting weapons and explosives and was instead motivated by a desire
> to uncover contraband evidencing ordinary criminal wrongdoing,b
> Marbley wrote.
> In the second case, Steven Bierfeldt, treasurer for the Campaign for
> Liberty, a political organization launched from Ron Paulb
> presidential run, was detained at the St. Louis airport because he was
> carrying $4,700 in a lock box from the sale of tickets, T-shirts,
> bumper stickers and campaign paraphernalia. TSA screeners quizzed him
> about the cash, his employment and the purpose of his trip to St.
> Louis, then summoned local police and threatened him with arrest
> because he responded to their questions with a question of his own:
> What were his rights and could TSA legally require him to answer?
>
> Mr. Bierfeldt recorded the encounter on his iPhone and the American
> Civil Liberties Union filed suit in June against Homeland Security
> Secretary Janet Napolitano, claiming in part that Mr. Bierfeldtb
> experience at the airport was not an anomaly.
>
> b
> operates on the belief that airport security screening provides a
> convenient opportunity to fish for evidence of criminal conduct far
> removed from the agencyb
> said in its suit.
>
> b
> TSA said in a statement on the Bierfeldt incident that travelers are
> required to cooperate with screeners, and while it is legal to carry
> any amount of money when flying domestically, the agency believes
> cooperation includes answering questions about property. As a result
> of the recording, however, TSA determined that b
> used by the TSA employee was inappropriate and proper disciplinary
> action was taken.b
>
> The cases will likely inflame TSA critics and frequent travelers who
> believe screeners take a heavy-handed approach and worsen the hassle
> of getting through airports with layers of rules and sometimes
> inconsistent policies between different cities.
>
> b
> filed Mr. Bierfeldtb
> reports of TSA agents involved in what he called b
> says.
> snip
>
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