TSA agents warned they could be subject to arrest if they go too far
In at least one major metropolitan area in the United States, TSA agents have been warned that they will be subject to arrest and prosecution if they become too aggressive about 'patting down' airline passengers. As the pat-downs make their prime-time debut during the Thanksgiving rush, the San Mateo and Santa Clara district attorneys offices said Wednesday that they would bring charges against TSA agents at SFO and San Jose airports, respectively, if they committed sexual crimes during searches. They said charges would be evaluated on a case-by-case basis and that prosecutors would take into account the fact that the agents were doing a job.And by the way, TSA does have the right to impose a fine of up to $11,000 if you cause delays to other passengers during the security procedures.
If they cross a line, that's sexual battery, said Steve Wagstaffe, San Mateo County's chief deputy district attorney.
Wagstaffe said it's no different from when prosecutors charge dentists, doctors or police officers who abuse their power by touching people in a sexual manner. He said the key to proving a criminal offense is the sexual intent behind the groping.
"TSA does not have any special immunity from everybody else," Wagstaffe said. "If an employee of TSA inappropriately touches the privates of another person, and they do so with a sexual or lewd intent, then that's either a misdemeanor (if it's over the clothing) or a felony crime (possible when touching the skin)."
But if you believe that a TSA agent has gone too far, by all means, go to the police and file a complaint.
Remember when travel was fun and exciting? I'm dreading my next trip to the US. Because my tickets are issued in Israel, which is in the 'Middle East,' I almost always get pulled out of line when I fly domestically in the US.
Labels: strip or grope, TSA
posted by Carl in Jerusalem @ 8:21 AM
1 Comments:
I note the comment about the $11,000 fine. I understand the TSA's most striking claim is that they can fine you $11,000 for opting not to fly and leaving the area without the naked-photo-or-grope. I asked in an earlier thread if you could find out anything about the law that allows them to do so, but that thread seems to have dropped off the page in the welter of subsequent posts. If you have a citation for the law, I'd like to see it. I did see today the court ruling (2nd circuit, I believe, but I gather it was allowed to stand) on the constitutionality of forcing people to go through scans even if they opt not to fly. It was kind of pathetic reasoning.
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