TSA lawsuit

[3rdgensooner]

Man With 4th Amendment Written on Chest Sues Over Airport Arrest (http://www.wired.com/threatlevel/2011/03/4th-amendment-on-chest/)

http://www.wired.com/images_blogs/threatlevel/2011/03/13782919_BG11.jpeg (http://www.wired.com/images_blogs/threatlevel/2011/03/13782919_BG11.jpeg)
Government photo of Aaron Tobey being held at
Richmond International Airport on December 30

A 21-year-old Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area is demanding $250,000 in damages for being detained on a disorderly conduct charge.

Aaron Tobey claims in a civil rights lawsuit (http://www.wired.com/images_blogs/threatlevel/2011/03/tobey.pdf) (.pdf) that in December he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.

“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.

The University of Cincinnati student didn’t want to go through the advanced imaging technology X-ray machines that are cropping up at airports nationwide (http://www.wired.com/threatlevel/2011/03/court-unlikely-to-halt-airport-scanners/). Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down — and remove most of his clothing in the process.

“He went there knowing he would not do the advanced imaging and do the pat-down instead,” his attorney, James Knicely, said in a telephone interview. “He was making it easy for them and in the process he wanted to communicate his objection for doing so.”

Among other things, the federal lawsuit claims wrongful detention and a breach of the First Amendment and Fourth Amendment. “He was held there for 90 minutes, and handcuffed behind his back,” Knicely said.

Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.

According to the suit, while under interrogation on December 30, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”

Two weeks later, Henrico County prosecutors dropped the misdemeanor charge.

[OULenexaman]

a 21 year old Virgin woman would have made for a better story...and a better picture.

[OhU1]

His 4th amendment claim fails on too many levels to type. The judge should access costs against him.

[Leroy Lizard]

His 4th amendment claim fails on too many levels to type. The judge should access costs against him.

I don't see how his views on the 4th amendment have any bearing on the suit whatsoever.

[olevetonahill]

He was just being a dick :rolleyes:

[Breadburner]

Attention whore...They should tazer his balls....

[OhU1]

I don't see how his views on the 4th amendment have any bearing on the suit whatsoever.

"Among other things, the federal lawsuit claims wrongful detention and a breach of the First Amendment and Fourth Amendment."

Doesn't matter, his 1st Amendment claim will get chucked too. If a kid like this shows up acting squirrely before getting on the plane extra scrutiny is called for.

[Leroy Lizard]

"Among other things, the federal lawsuit claims wrongful detention and a breach of the First Amendment and Fourth Amendment."

Doesn't matter, his 1st Amendment claim will get chucked too. If a kid like this shows up acting squirrely before getting on the plane extra scrutiny is called for.

Sure, if he truly acted all that squirrely. But it also could be that TSA acted like a bunch of jackholes.

Not my problem either way. But since the kid made his flight I'm not sure how he was injured.

[SoCaliSooner]

I would just like it noted that I first started fighting the TSA nazi's since 8/13/2006....

[OULenexaman]

another bully that got slammed...

[Midtowner]

The black letter law is that administrative searches are not searches per the 4th Amendment.

Of course, in light of the expansion of government activity protected by that doctrine, perhaps a court might want to revisit it? I doubt it though.

[BOOMERBRADLEY]

he just wanted to show off his p90x

[Sooner_Bob]

I agree about the whole unlawful search and seizure stuff, but it would be different if this was his only way to get there. Next time drive. :D

[StoopTroup]

No one was forcing him to be searched. he can go rent a car and go anywhere he pleases.

[My Opinion Matters]

You know what I'd do if I was in power ? I'd have two queues at the airports. One for flights where we'd done no background checks, used no intelligence,and infringed on no one's precious bloody civil liberties. The other for flights where we'd done everything possible to make passengers safe. Then we'd see which plane clowns like this would put their kids on.

[KantoSooner]

I totally don't get these 'protests'.

You have a clear, notorious risk well known to any persons conscious from 1965 forward.

You have a well known, safe method of eliminating some of the risk. And you are offered a choice between imaging or a pat down by a member of the same sex. (People upset by the anonymous imaging are, in my opinion, morons. Nobody is going to be using your image for gratification. And, if anyone wanted mine for said purpose, well, knock yourself out.)

No discrimination. No unreasonable search. VERY reasonable search.

Finally: you don't like it? Flying is not mandatory. Greyhound runs a nice bus service that requires none of the above.

Seriously folks, I used to have to go through strip searches 2-3 times per month to fly in various Asian countries. Typically, if you were polite, the guys doing the search would let you smoke a ciggie as you stood there nude and they pawed through your bag. And THAT was really no big deal. Get over the whole squeamishness thing.

[StoopTroup]

You know what I'd do if I was in power ? I'd have two queues at the airports. One for flights where we'd done no background checks, used no intelligence,and infringed on no one's precious bloody civil liberties. The other for flights where we'd done everything possible to make passengers safe. Then we'd see which plane clowns like this would put their kids on.

Thats called General Aviation.

http://www.flyhardtrikes.com/NewTheeke/Images/Kawasaki%20340.jpg

You can even write **** on yer belly with these

[SouthCarolinaSooner]

You know what I'd do if I was in power ? I'd have two queues at the airports. One for flights where we'd done no background checks, used no intelligence,and infringed on no one's precious bloody civil liberties. The other for flights where we'd done everything possible to make passengers safe. Then we'd see which plane clowns like this would put their kids on.
Except these pat downs and new security measures have still resulted in high failure rates for TSA. And I'm glad you find civil liberties so trivial. Airport security should be handled by private agencies either created or hired by the airlines themselves.

[jkjsooner]

Except these pat downs and new security measures have still resulted in high failure rates for TSA. And I'm glad you find civil liberties so trivial. Airport security should be handled by private agencies either created or hired by the airlines themselves.

Are you serious? Many if not most of the security in airports were from private agencies prior to 9/11. It didn't work out so well.

Private agencies will perform financial risk/benefit analysis. If the cost savings outweigh the financial consequences of failure, they'll be lax o security. You won't know it because they won't be transparent about it. You won't know the guy looking at the screen is cheap and barely qualified.

I'm not saying TSA is perfect. We'll never get perfection but they're good enough to discourage a lot of potential terrorists.

[C&CDean]

Except these pat downs and new security measures have still resulted in high failure rates for TSA. And I'm glad you find civil liberties so trivial. Airport security should be handled by private agencies either created or hired by the airlines themselves.

Every time you type something like this I shake my head at your ineptness to even almost grasp the most basic tenets of life.

1. If you have a arab sounding name, you should be searched.
2. If you are from an arab country, you should be searched.
3. If you're wearing a towel on your head, you should be searched.
4. If you bought a one-way ticket to "paradise" you should be searched.
5. Everybody else should get a free pass to board at their leisure.

This dumbass just needs his *** kicked. He's 2 years older than you and he obviously isn't a day smarter.

[MR2-Sooner86]

1. If you have a arab sounding name, you should be searched.
2. If you are from an arab country, you should be searched.
3. If you're wearing a towel on your head, you should be searched.
4. If you bought a one-way ticket to "paradise" you should be searched.
5. Everybody else should get a free pass to board at their leisure.

So...Israel's system? Around 40 years and they don't have a problem.

[AlbqSooner]

The first amendment claim is pretty clear cut. It is political speech and he cannot be arrested for it. Back in the 70s an OU student wore a jean jacket that said "Frak the Draft" on the back. (actually it said **** the draft). He was arrested by the Norman PD - yeah I know, hard to believe - and charged with violating the obscenity laws. U.S. Supreme Court said it was political speech, and while it might be offensive or irritating to some, it was protected by the First Amendment.

The 4th amendment claim also is a winner. His person was seized, unreasonably, by TSA agents, an arm of the Federal Government. They had no basis whatsoever to do so, other than their being offended by the protected political speech in which he engaged.

[Sooner5030]

who's picking up the tab for the TSA's defense?

we all lose on this one.

[SouthCarolinaSooner]

Every time you type something like this I shake my head at your ineptness to even almost grasp the most basic tenets of life.

1. If you have a arab sounding name, you should be searched.
2. If you are from an arab country, you should be searched.
3. If you're wearing a towel on your head, you should be searched.
4. If you bought a one-way ticket to "paradise" you should be searched.
5. Everybody else should get a free pass to board at their leisure.

You forgot:
6. If you have a British sounding name, you should be searched.

Heres a basic tenet of life, you're 20x more likely to be killed by lightning than a terrorist attack. Heart disease killed 616,067 deaths in 2009 and cancer 562,875, but good thing the TSA got an 8.1 billion dollar budget to help their 70% failure rate.



This dumbass just needs his *** kicked. He's 2 years older than you and he obviously isn't a day smarter.
LOL