California DA Looking to File Charges Against TSA For Inappropriate Pat-Downs

by Brandann Hill-Mann · 2010-11-26 06:00:00 UTC

A view from the floor of a line of people standing in a line at an airport.People have been calling out for the head of John The Baptist Pistole, TSA Administrator, on a platter for a couple of weeks now, and it seems that, at least in the legal sense, they might be getting their wish.

California's prosecutors, including San Mateo's District Attorney Steve Wagstaffe, are preparing to look into claims of inappropriate touching during the new, more aggressive pat-down procedures at airports that come courtesy of the Transportation Security Administration. Wagstaffe explains the difference between the misdemeanor and felony offenses being as little as Transportation Security Officers touching over or under clothing.

Not exclusive to California, the complaints are piling in around the country, including one on behalf of a resistant three year-old girl in Tennessee being aggressively grabbed and searched as she screamed "Quit touching me!" States including Florida, New Jersey, and New York are even considering legislation banning the full body backscatter x-ray machines.

Also in the wake of the so-called "choice" between strip searches and sexual assault, comes a nursing mother named Erin from Dayton who was sexually assaulted while attempting to board a flight to San Antonio for a half marathon. The agent didn't inform her that she would be placing the fronts of her hands on Erin's buttocks, labia, or breasts, and never offered her a private place for screening. According to Erin's lawyer, it is a clear case of sexual assault. She wasn't even trying to opt out of the full body scanners, which aren't currently in use in Dayton.

I never thought that I would live to see the day that I would type the words "I agree with Ron Paul" (transcript at the link), but the bill he is proposing sounds like a solid idea (something else I never thought I would type). He basically intends to make TSA officers, who have federal immunity, subject to sexual harassment laws, or, rather, accountable when DAs want to file charges that say they went too far with their pat downs and crotch grabs for "security's sake." Even if John Pistole claims that over 130 undisclosed items were kept off of flights this past year. Basically, if you or I can't do something legally, neither can a federal government employee.

It is obvious that the nation is starting to become concerned with this agency smothering their rights to protection from unreasonable search and seizure without cause, and upset at being told they have to forfeit their right to Freedom of Movement under the U.S. Constitution or the U.N. Declaration. Travelers should be able to travel, internationally or domestically, without worry of assault or needing a lawyer on speed dial.

Photo Credit: hyku

Brandann Hill-Mann is a proggy-liberal, Native American, feminist, invisibly disabled, U.S. Navy Veteran currently living in South Korea on Uncle Sam's dime. She blogs at random babble... and FWD/Forward.
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