$11,000.00 or a cavity search? Take your pick. (Updated)
0 comment Friday, June 20, 2014 |
Yes, I'm still fixated on the TSA and Tyner's story. But for a different reason than you might expect. Let me give you my lawyerly take on things.
In the last audio of Tyner's tape trilogy, the TSA agent tells Tyner he cannot leave the airport, and that if he does, he'll be sued and subject to a $10,000.00 fine.
Holding a man against his will, threatening him with a government lawsuit and an exorbitant fine -- well, that really perked up my ears.
Lawyers are trained to dream up plausible hypotheticals and ask what could go wrong. I started doing just that.
First I imagined Mr. M going through a pat-down at the airport. I remembered his hernia adventure. Dear God. No, we'd just have to cancel our trip and leave the airport if it came to that.
Then I thought of a lawyer friend who's recovering from prostate cancer surgery and needed adult diapers for a time. If he opted for a pat-down and the TSA couldn't feel his crotch, what then?
Heck, millions of elderly people rely on Depends. The ones in wheelchairs would have to get full-body grope downs. But that won't work because their "torsos" are padded.
And then of course, we have the problem of maxi-pads. Oh dear.
Remember, the TSA has already said its agents won't stop going up your inner thighs until they feel your crotch torso. So what happens when they can't?
This is going to end badly. Because we all know what's coming next.
TSA will demand a body cavity search. And I don't know about you, but I ain't gonna'.
So what are our options? Can we say "never mind" and leave if they demand to inspect our cavities?
In a word, no.
According to the brilliant 9th Circuit (which, ironically, quoted Orwell in its opinion) the search must go on. By entering the security check point, you consent to being searched and you cannot revoke your consent to the search. (Read the Aukai case synopsis here.)
Put another way, you can't change your mind and leave. Unless, of course, you're willing to fork over $11,000.00 bucks, get sued, and risk arrest by a police officer.
The big man at TSA's San Diego office called a press conference today to announce a "probe" of Tyner. Chief Michael Aguilar said the investigation could lead to prosecuting Tyner and hitting him up for a "civil penalty" of up to $11,000.00. When it was pointed out that TSA agents told Tyner on Saturday that the fine was $10,000.00, Aguilar said "That�s the old fine. It has been increased."
Clearly the TSA is not backing down. To the contrary, it plans on making an example out of Tyner because he left the airport. It's a damn shame Tyner is in the 9th Circuit.
So you see, this isn't just about humiliation, or radiation and full frontal nudity, or being legally assaulted. The TSA's power trip has only just begun.
Body cavity and strip searches are coming, make no mistake.
But hey. Whatever it takes to keep us safe, right?
UPDATE: Before you call me crazy, wait. It gets worse. A legal TSA "search" of your "junk" includes reading your emails and whatever else is saved on your laptop computer . . . all without a warrant.

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