D
Darryl1958
Guest
I guess when you job entails visually or manually probing thousands of dinguses every day, it is rather easy to become callous to the question of personal dignity.
If they do (airports get rid of TSA and use a private company)—they still have to comply with the TSA standards.……Some airports are getting rid of TSA and hiring private companies to avoid horrific stories and treat their customers appropriately and still get the job done. Now they have obviously heard the call and listened, and that’s what they all need to do.
~Liza
That is so true. I used to fly weekly in my previous jobs (high tech sales handling large territories). I can’t believe I’m typing this, but I think I am thankful that I was laid off two years ago. I’m not making nearly as much (I’m up to 1/2 with my latest promotionNot everybody has the luxury to refuse to fly. Many people’s jobs and livelihoods require them to travel. It’s not like people can refuse and just go find another job right now.
Congress has authorized the regulation through legislation.What I don’t understand is how some un-elected bureaucrat can write a rule which has the force of law that strips people of their inalienable rights, in this case, the right not to be subjected to searches without a warrant issued by a judge who has reviewed the accusations and evidence of wrong-doing. Where did they get the authority to deprive American citizens of their inalienable rights with a wave of a pen? Who said I gave up my rights by buying a ticket for my flight? Is it on the ticket?
Government officials and members of Congress are only exempt if they are traveling with a security detail.Are elected representatives or appointees subjected to this? No, they are exempt. We now have 2 classes of citizens. Those with rights and those without.
I think the regulations and direct taxes from bureaucracies have for the most part gone unnoticed by the masses.Congress has authorized the regulation through legislation.
Do you really there should be no searches before getting on a plane? No metal detectors? The 4th amendment does not prevent warrantless searches. It prevents unreasonable searches. In the view of the courts, administrative searches for the safety of airline passengers are reasonable.
ca9.uscourts.gov/datastore/opinions/2005/06/07/0430243.pdf
Government officials and members of Congress are only exempt if they are traveling with a security detail.
voices.washingtonpost.com/federal-eye/2010/11/who_is_exempt_from_airport_sec.html
That’s Funny, BBarrick8383, yet so Sad. And so True, unfortunately, as well.I heard today that they somehow punctured or opened a mans colostomy bag, spilling his own urine on him.
TSA
Tough S**t America
I guess when you job entails visually or manually probing thousands of dinguses every day, it is rather easy to become callous to the question of personal dignity.
Congress did not pass a law removing 4th amendment rights to allow random passengers to be selected to go through a naked scanner or allow themselves to be subjected to a sexual assaut in full view of other people. This is a rule, the way in which the law is enforced. Congress just said ‘reasonable searches’. Unelected TSA bureaucrats decide what that entails.Congress has authorized the regulation through legislation.
Why do people assume that one is against all security when there are objections to what they are doing specifically?Do you really there should be no searches before getting on a plane? No metal detectors? The 4th amendment does not prevent warrantless searches. It prevents unreasonable searches. In the view of the courts, administrative searches for the safety of airline passengers are reasonable.
It mentions nothing about feeling people’s genitals in public or making them stand in a scanner which strips them naked for anyone to see, exposes them to an unknown quantity of radiation and stores those images for an unknown future use. Nor does it say anything about making someone complete the security check if they have elected not to fly and subjecting them to an $11,000 fine if they do not submit.[2] In Davis and its progeny, we have established a general
reasonableness test for airport screenings. “An airport screening
search is reasonable if: (1) it is no more extensive or
intensive than necessary, in light of current technology, to
detect weapons or explosives; (2) it is confined in good faith
to that purpose; and (3) passengers may avoid the search by
electing not to fly.” Torbet, 298 F.3d at 1089 (citation omitted);
see also Davis, 482 F.2d at 913; Pulido-Baquerizo, 800
F.2d at 901
They should not be exempt at all. Every single one of them, security detail included should go through the exact same procedures as are in place for everyone else. In the same place, so we can get to see a congresswoman getting felt up and down and lifted off her feet by the force of the searchers contact just like what is happening to ordinary citizens.Government officials and members of Congress are only exempt if they are traveling with a security detail.
voices.washingtonpost.com/federal-eye/2010/11/who_is_exempt_from_airport_sec.html
I can see you are not being serious. The rest of your post is just a divorced from reality as this dishonest garbage.Congress did not pass a law removing 4th amendment rights to allow random passengers to be selected to go through a naked scanner or allow themselves to be subjected to a sexual assaut in full view of other people.
With all due respect, Listen To This:I can see you are not being serious. The rest of your post is just a divorced from reality as this dishonest garbage.
4th amendments rights still apply. Nobody is being sexually assaulted.
The woman was in Amarillo, Texas. Here is Texas’s sexual assault law:With all due respect, Listen To This:
So the woman in the OP’s story was not “assaulted?” There are many people here and elsewhere who would disagree with that.
Texas Penal Code - Section 22.011. Sexual Assault
Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 22.011. Sexual Assault
continued in next post§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
Tell me how what the woman alleges happened meets the elements of sexual assault in the jurisdiction. There is no federal sexual assault law.(c) In this section: (1) “Child” means a person younger than 17 years of age who is not the spouse of the actor. (2) “Spouse” means a person who is legally married to another. (3) “Health care services provider” means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (4) “Mental health services provider” means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (E) member of the clergy; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (5) “Employee of a facility” means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. (f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
It is not a matter of point of view. There is nothing to suggest a sexual assault. Read the law on sexual assault. What this woman alleges is not even close.Maybe from YOUR point of view, but definitely not from other’s POV.![]()
The methods used, especially in this woman’s case are questionable. Sexual assault can include inappropriate touching, depending on what state you are in. Many people would consider the back side of someone’s hand rubbing on their genitals inappropriate.In short, for there to have been a sexual assault, either there would have to have been (at minimum) 1.) penetration of a person’s sexual organ or anus or 2.) contact of a person’s sexual organ, mouth, or anus by another person’s sexual organ.
Nothing like that is alleged.
WRONG!I for one don’t believe all these “cat in the microwave” type stories for one second.
Flying is a privilege and not a right. No one is forcing people to get on planes. If you don’t want to be treated this way, then don’t fly. It’s really pretty simple.
Do I like the idea of the scans and the searches, no. But I like it a lot better than some guy with a plastic bomb in his crotch blowing himself up over my city.
~Liza
No, it does not. The 4th amendment requires searches to be reasonable. Due process is something else entirely. (The only thing that due process has to do the 4th amendment is the 14 amendment’s due process clause incorporates the 4th amendment to the states.)And the 4th Amendment requires due process prior to search by government agents; the TSA is in fact a violation of the 4th amendment.
Maybe its not sexual assault by the strict legal definition of Texas state law. It is wrong for them to behave in such a manner and I would expect you to agree with the rest of us on that. Laughing at exposed women, does not help to protect an airplane from a terrorist attack.It is not a matter of point of view. There is nothing to suggest a sexual assault. Read the law on sexual assault. What this woman alleges is not even close.