Interesting People mailing list archives
Re: A provokative pov -- screening gets slammed by federal judge
From: David Farber <dave () farber net>
Date: Wed, 8 Jul 2009 20:14:36 -0400
Begin forwarded message: From: Mark Blacknell <mb () blacknell net> Date: July 8, 2009 7:51:35 PM EDT To: David Farber <dave () farber net>, <rob () casasiegel com>Subject: Re: [IP] Re: A provokative pov -- screening gets slammed by federal judge
I bet we could find lots more drugs and prostitutes and fake passports if we just conducted regular and random searches of cars as they crossed county
lines. Would you still be psyched about it then, Rob?TSA's incredibly invasive powers were granted, in large part, to face the Scary Terrorists That Will Be the Downfall of America. And since few are willing to risk being cast as on the side of Scary Terrorists That Will Be the Downfall of America, these powers are subject to few checks. And after they're granted, it usually turns out that - shocker - they're used for many things well beyond catching the Scary Terrorists. Things that we'd never put up with, if we'd been told that they would have been used for regular old law enforcement. Kinda how that whole wiretapping thing worked out, no?
On 7/8/09 5:53 PM, "David Farber" <dave () farber net> wrote:
http://online.wsj.com/article/SB10001424052970204556804574261940842372518.htm >>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 thingfor the citizenry? I've listened to the audio tape from Mr. Bierfeldt'sexperience, 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
l
The Transportation Security Administration has moved beyond just checking for weapons and explosives. It’s now training airport 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 searches— which the agency says have broadened to allow screeners to use more judgment—have been going too far.A federal judge in June threw out seizure of three fake passports froma 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. “The extent of the search went beyond the permissible purpose ofdetecting weapons and explosives and was instead motivated by a desireto uncover contraband evidencing ordinary criminal wrongdoing,” Judge Marbley wrote. In the second case, Steven Bierfeldt, treasurer for the Campaign for Liberty, a political organization launched from Ron Paul’spresidential run, was detained at the St. Louis airport because he wascarrying $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. Bierfeldt’s experience at the airport was not an anomaly. “Whether as a matter of formal policy or widespread practice, TSA now operates on the belief that airport security screening provides a convenient opportunity to fish for evidence of criminal conduct farremoved from the agency’s mandate of ensuring flight safety,” the ACLUsaid in its suit. ‘Mission Creep’? 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 “the tone and language used by the TSA employee was inappropriate and proper disciplinary action was taken.” 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. “TSA agents don’t get to play cops,” says Ben Wizner, an attorney whofiled Mr. Bierfeldt’s suit. The ACLU has heard an increasing number ofreports of TSA agents involved in what he called “mission creep,” he says. snip ------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
Current thread:
- Re: A provokative pov -- screening gets slammed by federal judge David Farber (Jul 08)
- <Possible follow-ups>
- Re: A provokative pov -- screening gets slammed by federal judge David Farber (Jul 08)
- Re: A provokative pov -- screening gets slammed by federal judge David Farber (Jul 08)
- Re: A provokative pov -- screening gets slammed by federal judge David Farber (Jul 09)