TSA forces cancer survivor to show prosthetic

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Dave

Staff member
Jesus Christ. When will it be enough? The issue is we can never be fully safe from terrorist attacks. How does punishing everyone make us safer? Answer: It doesn't. They will simply figure out how to circumvent THESE regulations.

I know we don't have a "right" to fly, but we do have a right to privacy. These tactics go too far and I will be willing to bet that they are rescinded in the very near future.
 
Don't bet on it. Now Obama has come out in defense of the new measures in the name of "keeping us safe."

Mr. President, I mean every bit of disrespect when I tell you to go fuck yourself. You continue to defend measures and agencies that consider pilots and infants to be terrorists until proven otherwise. For a man who got into Harvard Law on his merits, you're pretty damned stupid.
 
Life. Liberty. Pursuit of Happiness. I think those are our rights. Even in health care you don't have a right to privacy. Confidentiality, yes, privacy, not so much.
 
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makare

Nowhere in the constitution is the right to privacy listed. The courts kind of ebb and flow on the topic. In this facebook world you can pretty much kiss any reasonable expectation of privacy good bye.
 

figmentPez

Staff member
Fourth Amendment would seem to apply to this case. Although it is questionable if the third and fourth amendments extend to the notion of privacy in general, I think there is a pretty direct application in this case. It's not only a search of someone's property, but of their very person. Weather or not "privacy" is guaranteed us by law seems irrelevant, when we are protected from unreasonable searches by the Bill of Rights.
 
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makare

The fourth amendment doesn't really apply there because people really can choose not to fly to avoid the search.

Also police aren't doing the searches it is people who work for the air port. Right? The fourth amendment is generally accepted to apply only to government actors in situations where the person has no choice.
 

figmentPez

Staff member
The fourth amendment doesn't really apply there because people really can choose not to fly to avoid the search.

Also police aren't doing the searches it is people who work for the air port. Right? The fourth amendment is generally accepted to apply only to government actors in situations where the person has no choice.
I don't see why the fourth amendment should be limited to government actions. No one should be able to search my person without reason, and I certainly shouldn't be compelled to undergo an invasive search without cause. Furthermore, the TSA is a government institution. The security officers at airports work for the government. Even if the 4th Amendment only applies to the government, it should apply here.

As to choosing not to fly, what about those who didn't know about the scans and wish to reject them? Once you're at the airport, you can't choose to opt out. Even if you decide not to fly, you've still got to be searched by security before you can leave the airport. The invasive nature of the scans is not something that was made clear to many passengers before their flight. Just buying a ticket and showing up at the airport are not consent to be searched, nor is refusing a scan a reasonable cause to subject someone to groping and other invasive searches. However, the TSA has taken that stance none-the-less. It's one thing to say "you can't get on the plane without being searched", it's something else all-together to say "you can't opt-out once you've made it this far, even though we did not warn you this was coming"

Oh, and in case anyone thinks that those worried about the radiation from the scans are being paranoid, from MIT's Technologoy Review:
How Terahertz Waves Tear Apart DNA
"although the forces generated are tiny, resonant effects allow THz waves to unzip double-stranded DNA, creating bubbles in the double strand that could significantly interfere with processes such as gene expression and DNA replication."
 
M

makare

The Bill of Rights was designed too limit the actions of the Federal Government. That was about it.

I'm not saying you can't make those arguments but given the judicial history of issues related... I don't see it working.

Personally I would make an equal protection argument, Im not sure what but that's the way I'd go.
 
I'd bet money that most of these checks will be stopped after Thanksgiving. The day before the holiday will be an absolute fiasco, with people missing their flights because they (or the people ahead of them in line) have to submit themselves to these outrageous searches. The net effect of these searches will not only cause missed flights, but overloaded flights as passengers who missed their intended flight will need to cram into the next one. I don't think the airlines will want to go through this for the entire holiday season. As more passengers get fed up and some even stop flying, the airline companies will probably provide the momentum to restore a small amount of sanity.

Yeah, I'm aware that privacy is a right that's not specifically guaranteed by the constitution. We do have a right against unreasonable search and seizure. Since Terry v. Ohio (1968) law enforcement personnel have been allowed to stop and frisk a subject without probable cause, so long as they have reasonable suspicion that the subject has committed, is committing, or is about to commit a crime. I had understood that the TSA was a law enforcement organization. Perhaps the fact that you're boarding a plane is enough to make TSA screeners reasonably suspicious?
 
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makare

personally Id say that the invasiveness of the searches at airports is way beyond the simple stop and frisk of Terry Search.

But you have to get the court to buy it. Terry has also been modified quite a bit. But the fact that you don't have to fly is still an issue. Terry searches are without any chance to avoid it. Who the hell doesn't know you get searched at the airport? That is common knowledge. Anyone tries to pull the, I didn't know card... good luck.


oh i know what i'd do. I'd get a bunch of business people with business that rely on air travel to sue on the grounds that the time consuming nature of the searches infringes on their ability to do business.
 
"although the forces generated are tiny, resonant effects allow THz waves to unzip double-stranded DNA
Got a question for Chaz, Necronic, or whoever else is knowledgeable about such things: Is that really a big deal? Unless the THz waves alter the base pairs in DNA, a denatured strand would generally return to it's regular conformation once you remove the outside force, would it not?
 
I'd bet money that most of these checks will be stopped after Thanksgiving.
That's a bet I'd take. Same thing happened with taking shoes off, with liquids, and with increased random searches. People bitched and moaned for a few weeks, but in the end learned to deal with it.

Like Makare said, you always have the choice to not fly. If not disclosing the fact that you have to go through these searches becomes an issue, I'm sure they won't have a problem requiring one to be signed before purchase.
 
personally Id say that the invasiveness of the searches at airports is way beyond the simple stop and frisk of Terry Search.

But you have to get the court to buy it. Terry has also been modified quite a bit. But the fact that you don't have to fly is still an issue. Terry searches are without any chance to avoid it. Who the hell doesn't know you get searched at the airport? That is common knowledge. Anyone tries to pull the, I didn't know card... good luck.


oh i know what i'd do. I'd get a bunch of business people with business that rely on air travel to sue on the grounds that the time consuming nature of the searches infringes on their ability to do business.
I do know that if I attempted to do a search to the extent that TSA is performing, I would have 3 large IA sergeants calling me before I even got into my car.

Is TSA a private company with a government contract, or an actual government entity. This distinction is important if you're going to invoke the 4th.

These are not Terry vs. Ohio incidents. These are going to be incidents that makare's going to have to update her edumacation learning the nuances about.
 
M

makare

personally Id say that the invasiveness of the searches at airports is way beyond the simple stop and frisk of Terry Search.

But you have to get the court to buy it. Terry has also been modified quite a bit. But the fact that you don't have to fly is still an issue. Terry searches are without any chance to avoid it. Who the hell doesn't know you get searched at the airport? That is common knowledge. Anyone tries to pull the, I didn't know card... good luck.


oh i know what i'd do. I'd get a bunch of business people with business that rely on air travel to sue on the grounds that the time consuming nature of the searches infringes on their ability to do business.
I do know that if I attempted to do a search to the extent that TSA is performing, I would have 3 large IA sergeants calling me before I even got into my car.

Is TSA a private company with a government contract, or an actual government entity. This distinction is important if you're going to invoke the 4th.

These are not Terry vs. Ohio incidents. These are going to be incidents that makare's going to have to update her edumacation learning the nuances about.[/QUOTE]

What the hell I didn't say they were Terry searches I said they are way beyond them,
 
I didn't mean that against you... I meant it as these are going to be ground-breaking potential caselaw suits in their larval stages, that's all.
 
M

makare

Yeah there really isn't much to compare them to at this point. That's the real problem. It is NOT the same as street searches that's for sure. I'm trying to compare it to drug related searches like United States v. Montoya De Hernandez but I'm really not sure they can compare. Also that wouldn't be favorable for my opinion anyway.
 
The TSA is an actual government agency in the Department of Homeland Security. I wonder how many lawsuits will be filed the day before Thanksgiving.
 
That we're even having this discussion is further proof the terrorists have already won. They've done more damage with a pair of dirty skivvies than ten bombs could accomplish.
 
That we're even having this discussion is further proof the terrorists have already won. They've done more damage with a pair of dirty skivvies than ten bombs could accomplish.
I have never agreed more with you than I do right now.
 
The glaring problem to me here is, how many terrorist plots to blow up a plane with bombs hidden on a person have succeeded?

I can't think of one. The shoe bomber failed, the underwear bomber failed, and they failed because of the other passengers. THAT is going to be the best deterrence, vigilance by everyone. Constantly increasing security only angers and turns away innocent people. The airlines are already struggling to make money, I'm sure they don't want the TSA turning people away from flying.
 
I don't understand why going through the scanner is such a big deal. I go through it every time I travel. It's fast, easy and I doubt my images will end up online for all to see. Good luck identifying me if they ever did (hint: I'm the one with the 8 inch schlong and that's when it's limp). As far as fear of radiation, I put that right up there with chemicals used in our foods, cell phones causing brain tumors and all the other red herrings the media throw at us. I would much rather go through the scanner than have some dude grab my junk. Now if you could opt for it I'd much rather be searched by a female because I'd feel more comfortable being patted down by a woman than a man. Same reason I have a female doctor. I've got no problem standing in front of a female nude but I feel uncomfortable with a guy doing it. Full body scanners are not that bad. I do agree if we live in fear of being attacked the terrorists have won. Best way to combat it is to go back to pre 911. The odds of something like that happening again are rare.

Of course this video pissed me off:
There's no reason I can think of that you need to make a young child strip down in the middle of the airport and pat him down.
 
C

crono1224

The glaring problem to me here is, how many terrorist plots to blow up a plane with bombs hidden on a person have succeeded?

I can't think of one. The shoe bomber failed, the underwear bomber failed, and they failed because of the other passengers. THAT is going to be the best deterrence, vigilance by everyone. Constantly increasing security only angers and turns away innocent people. The airlines are already struggling to make money, I'm sure they don't want the TSA turning people away from flying.
The problem is that the detterence of the general increase of security is hard to define, and measure. In fact the problem that those people got through, puts forth the arguement that there isn't enough security if people were able to sneak stuff on. I think that in general we have passed the threshold where the amount of extra security actually significantly decreases the threat of it.

A good quote which is hazily remember is that you can make your house burglar proof if you remove all the doors and windows (basically any way in), but then what do you have exactly?
 
M

makare

Yeah judging a country by their airport security makes perfect sense. :rolleyes:
 
C

crono1224

Agreed none of the countries he mentioned have any other problems with invasion of privacy or 'big brother' type things.
 

figmentPez

Staff member
Apparently the TSA really hates cancer survivors: TSA pat-down leaves traveler covered in urine

Bladder cancer survivor has to wear a urostomy bag to collect his urine, and the TSA officials doing the scan refused to listen to him about his medical condition. Their pat down breaks the seal on the bag, leaking urine all over this poor guy. And this was after he willingly went through the scanner.

"And every time I tried to tell them about my medical condition, they said they didn’t need to know about that.”"

That goes beyond incompetence, to the point of reckless endangerment. One of my highschool friends had a feeding tube installed in his stomach, if that had been messed with it could have endangered his life. Maybe a urostomy bag isn't that sensitive, but the TSA agents had no way of knowing that since they didn't bother to listen to anything.
 
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makare

Democracy brings out the majority on any major issue. But there are a lot of minorities too. I'd say every American holds some kind of minority view. I don't hold other countries governments against the people of those countries because people are individuals. I would appreciate it if other peoples did the same for me and my country.

Hell my state government doesn't even represent me. There's 700,000 people in this state, I am one hell of a minority. But I still count.
 
M

makare

My point is you bitch about the US A LOT. The government does a lot of stupid shit and it sucks but that doesn't mean the US is bad. If people are not smart enough to get past first impressions and actually get to know people and what actually makes the US the US, whose shortcoming is that?

When I first went to Italy I hated it. It was dirty, noisy and annoying. I probably would have preferred just getting back on the plane and going home. But I didn't and I learned that although Italy IS dirty, noisy and annoying it is also awesome and it was a fun experience. First impressions are just first impressions.
 
Democracy brings out the majority on any major issue. But there are a lot of minorities too. I'd say every American holds some kind of minority view. I don't hold other countries governments against the people of those countries because people are individuals. I would appreciate it if other peoples did the same for me and my country.

Hell my state government doesn't even represent me. There's 700,000 people in this state, I am one hell of a minority. But I still count.
What is your point Makare?

What I said was that I have never felt that my decency was violated in any other country I have traveled to. That the airport for many people is the first place that they see when they enter a country and the last place they see when they leave. It is the first impression for many people who are coming to your country.

And that first impression is vary bad.[/QUOTE]

Can we put this into perspective?

We can dwell on all the terrible stories about flying that are out there, but honestly:

Between 1.5 and 2 MILLION people fly inside, into, and out of the united states PER DAY.

Two million people on 7,000+ flights each day.

If this was even an occasional experience, we'd be seeing millions of people a year having such horrible problems.

As it is there are "many" really horrible experiences, such as those described in this thread, there are countless bad experiences, there are a lot of poor experiences, and for most people it is, at worst, an inconvenience.

Now I don't want to lessen the terrible, humiliating experience these individuals had, and they should pursue their cases against the TSA, the airlines, and whoever else they deem necessary to come to terms with their experience and to resolve the problems so that they do not occur to others.

But the reality is that most people have the same experience I have: you get into line, you take you shoes, belt, empty your pockets onto the buckets, put your laptop in the buckets, walk through the metal detectors, and then you put everything back on and away and get on your flight.

There are 2 million people doing this every day. The vast majority have little to no problems, and the worst part is waiting in that long line. Heaven forbid you have bored children, or an emo teen that thinks it's funny to joke about bombs, but really.

It may be more inconvenient that other countries. Sorry. We had some guys with box cutters throw us a punch that we still haven't recovered from. You are a victim of our paranoia.

But to pretend that every single passenger, foreign or not, has this 10 minute grope session ordeal is ludicrous at best.

No, the system isn't perfect. Yes, we've recently had some bad scares (the printer cartridge bombs recently found through intelligence efforts that were not caught by our scanners and personnel, and the recent German intelligence information) so we're being a bit more cautious.

Unfortunately the worst part about all this is that these organizations are made up of people, and people make mistakes. These need to be corrected, and where needed people need to be reprimanded, moved into positions where they don't come into contact with passengers, or fired.

It's silly to extrapolate the worst experiences and assume they happen to everyone.
 
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