Think You Can Avoid The TSA By Avoiding Flying? Think Again
Those of you who have been so polite about your Fourth Amendment rights being yanked away, and those who have seen no reason to squeal when others' rights are yanked from them -- well, we have you to thank.
Christopher Elliott blogs about the TSA showing up at a Vikings/Packers game last weekend in Minnesota:
That's right, the agency assigned to protect America's transportation systems was patrolling the Metrodome. Nathan Hansen, a North St. Paul, Minn., attorney, snapped a few photos of the agents before the game, and broadcast them on Twitter."I don't think any federal law enforcement agency needs anything to do with a football game," he told me yesterday.
Turns out the TSA goes to NFL games and political conventions and all kinds of places that have little or nothing to do with air travel. It even has a special division called VIPR -- an unfortunate acronym for Visible Intermodal Prevention and Response team -- that conducts these searches.
Few people know that $105 million of their taxpayer dollars are going to fund 37 VIPR teams in 2012, whose purpose is to "augment" the security of any mode of transportation. They don't realize that these VIPR teams can show up virtually anytime, anywhere and without warning, subjecting you to a search of your vehicle or person.
That's not a fringe observation, by the way. Even the most mainstream news outlets have reported on the problems of these random checkpoints. And it's being observed by mainstream news personalities, not just consumer advocates with a long list of grievances from their constituents.
But almost no one noticed when the Department of Homeland Security signaled its intent to broaden the scope of its off-airport searches even more in 2013. Buried deep in the Federal Register in late November was a notice that could dramatically shift the focus of transportation security. It involves the government's efforts to "establish the current state of security gaps and implemented countermeasures throughout the highway mode of transportation" through the Highway Baseline Assessment for Security Enhancement (BASE) program.
Will you finally complain about the rights violation when you are stopped on your way to the supermarket, despite there being no evidence that you are part of a plot any more sinister than having milk for your coffee in the morning?
Come on, Mike Hunter! Onward, Patrick!
Tell me what mode of transportation is my right!
Defend this, Jeff Guinn! Explain how this keeps bombs out of American {insert facility name here}!
In the process, celebrate your demotion to "subject" - from "citizen" as you are presumed guilty, guilty, guilty!
Radwaste at January 3, 2013 3:29 AM
I wonder what happens when a CCW holder pulls and holds them at bay for assault until the cops show up?
Jim P. at January 3, 2013 5:27 AM
Jim - VIPR teams have armed LEOs in them, it would not go well for you. It's much simpler to decline a search.
ParatrooperJJ at January 3, 2013 7:15 AM
Searches at airports are (barely) understandable because airlines are private carriers and can do what they want if you want to use their services. Same thing with sports arenas and other private businesses. I went through more screening when I took the GRE exam than the last time I flew. (Federally maintained no fly lists are more questionable, and I think the corporations should pay for TSA "security", not the taxpayers.)
Being searched on a public road without cause, however, is a violation of constitutional rights. For that one, I'd sue.
JM at January 3, 2013 9:06 AM
B.A.S.T.A.R.D.S.
Flynne at January 3, 2013 9:50 AM
There must be a TSA Einsatzgruppe based in the Minneapolis/St Paul area. Back last fall, there was a team of TSA thugs waking the tracks near the Northstar commuter rail station near my home in the northern burbs at 6AM. None of the sheep with whom I ride the train seemed at all concerned; some even seemed grateful that the Gestapo was there to protect us from the ever-present threat of terrorist attack on a rail line in Minnesota.
Grey Ghost at January 3, 2013 10:54 AM
In the interests of shared sacrifice, while being far from rich, I'm willing to forego all benefit to me from the existence of the TSA and just do away with the whole organization.
This is one petition I'd sign.
MarkD at January 3, 2013 11:28 AM
"Searches at airports are (barely) understandable because airlines are private carriers and can do what they want if you want to use their services. "
They can search you even if you're flying your old beat-up 152 from the GA ramp.
Cousin Dave at January 3, 2013 7:06 PM
Then the threat is unless you subject yourself to an unconstitutional search -- you can't pass.
The problem with that concept is that if I'm trying to enter a "singular" event such as a football game, concert, or even being a truck driver being stopped at a weigh point -- the refusal to be searched can prevent entry or further travel.
The prevention of entry, even if later held by a court in the persons favor, prevents the person from attending the event.
A truck driver can be lose bonuses, or even pay penalties for delay in a shipment.
What about a TSA checkpoint at a high school prom. Where does that rate on your acceptability score for civil liberties?
The Fourth Amendment is:
Where is it unreasonable that I want to drive down the highway, go to a concert or football game, or a promenade? That means that the search is unreasonable, and therefore unconstitutional.
That means that the TSA and the police are not on any constitutional ground. Holding them for arrest by other legal authorities means that you are on legal grounds for several reasons.
Jim P. at January 3, 2013 7:41 PM
I have written to all my representatives in Washington, urging them to cut the TSA budget to the bone. It's fair game in this time of budget cuts.
In the meantime, I am considering a suggestion made recently, to have some new cards printed. stating "“This interaction is NOT consensual, and is being audio and video recorded for my safety as well as yours. I am invoking my Fifth Amendment rights and refusing to answer ANY questions. Please do not ask me any questions without my attorney present. I furthermore invoke my Fourth Amendment rights and do NOT consent to ANY searches of my persons and or property.”
I don't think it will be of much help on the roadside, but may assist in court.
bmused at January 4, 2013 11:28 AM
I can't wait for the day they decide to staff the FBI, CIA and Pentagon with these McDonald's rejects to save money.
DaveG at January 4, 2013 5:35 PM
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