Woman Roughed Up For Reading the Fourth Amendment During TSA Search

I normally try and maintain some semblance of objectivity but, after reading this Arcata woman’s  account of an experience she had as she dealt with Airline security, I can’t. Here is an excerpt but, please, read the whole thing.  From brave small acts like this may come our return to sanity.

When it is my turn, I decline to go through the monitor that scans under your clothes, as I always do. The TSA agent starts his spiel about how safe it is. I’ve done my research. His statements are questionable, but that is not why I am doing this. I start my own spiel.

“The Fourth Amendment of the Constitution reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, an particularly describing the place to be searched, and the persons or things to be seized.”

I’m speaking loud and clear so those around me can hear. Before I get to “unreasonable search” a man in an ill-fitting suit and a tie marches up to me. He tells me I was disrupting his operation. I have no idea what his position is. He stands in front of the metal detector–the first place they usually screen me. He tells me I am holding up the line. I drop my voice and tell him to go ahead and screen me. I’ll take the pat down. But that’s not what he wants. He wants me to shut up. I continue reading the Fourth Amendment.

He asks me to go with him to some undisclosed location to “talk”. He indicates with his hand somewhere back toward ticketing, away from being screened. I decline. He tries to gently guide me with a hand on my elbow, like we’re on a date, pushing me back up the line. I stand firm. I want to go forward, let them pat me down while I read the Fourth Amendment to my fellow citizens.

He asks me what airline I’m on. I have seen no badge or ID. I ask him if he has a warrant for the information. He looks at me dumbfounded. He sees the United boarding pass in my hand. He tells me he won’t allow me to fly. I have no idea if he has that sort of authority.

I say as loudly and clearly as I can, “I am being told I can not fly for reading you the Fourth Amendment.”

He says, “If you keep this up I’ll call the police.”

I say as loud as I can, “You are going to arrest me for reading the Constitution?”

“You are disrupting the screening process, and yes we will arrest you.”

Take the time to read the whole thing.  You might just be watching the beginning of a revolution.

_________________

Hat tip to the North Coast Journal.

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29 comments

  • great link, thanks!

  • great link, thanks!

  • Sadly, flying is just like driving, It’s NOT a right, it’s a privilege, so they can hassle you however they see fit, or you don’t fly. As you might guess, I don’t like it either.

    • A benefit/privilege cannot be forced on any one of us, IFF forced, it’s hardly a benefit/privilege. It IS a right to travel. Diction.
      As well…Notice of Right to Resist Arrest… This fundamental premise was upheld by the Supreme Court in the case of John Bad Elk vs. U.S., 177 U.S. 529 (1900) when the court stated: “…where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What might be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
      “An arrest made with a DEFECTIVE (my caps) warrant; or one issued without AFFIDAVITS (my caps) or one that fails to allege a crime is without jurisdiction; and, the one who is being arrested may resist arrest and break away. If the arresting officer is killed by one who is so resisting, the killing will be no more than involuntary manslaughter.” House v. People, 75 Ill 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan 245; Ballard v. State, 43 Ohio 340; State v. Rousseau, 241 P.2d 447; and State v Spaulding 34 Minn. 361.
      “The offense of resisting arrest, both at Common Law and under statute, presupposes a lawful arrest. It is axiomatic (self-evident) that every person has the right to resist an unlawful arrest. In such case the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.” State v. Mobley 240 N.XC. 476, 83 S.E. 2d 100, 102 (1954).

    • A benefit/privilege cannot be forced on any one of us, IFF forced, it’s hardly a benefit/privilege. It IS a right to travel. Diction.
      As well…Notice of Right to Resist Arrest… This fundamental premise was upheld by the Supreme Court in the case of John Bad Elk vs. U.S., 177 U.S. 529 (1900) when the court stated: “…where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What might be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
      “An arrest made with a DEFECTIVE (my caps) warrant; or one issued without AFFIDAVITS (my caps) or one that fails to allege a crime is without jurisdiction; and, the one who is being arrested may resist arrest and break away. If the arresting officer is killed by one who is so resisting, the killing will be no more than involuntary manslaughter.” House v. People, 75 Ill 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan 245; Ballard v. State, 43 Ohio 340; State v. Rousseau, 241 P.2d 447; and State v Spaulding 34 Minn. 361.
      “The offense of resisting arrest, both at Common Law and under statute, presupposes a lawful arrest. It is axiomatic (self-evident) that every person has the right to resist an unlawful arrest. In such case the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.” State v. Mobley 240 N.C. 476, 83 S.E. 2d 100, 102 (1954).

  • Sadly, flying is just like driving, It’s NOT a right, it’s a privilege, so they can hassle you however they see fit, or you don’t fly. As you might guess, I don’t like it either.

    • A benefit/privilege cannot be forced on any one of us, IFF forced, it’s hardly a benefit/privilege. It IS a right to travel. Diction.
      As well…Notice of Right to Resist Arrest… This fundamental premise was upheld by the Supreme Court in the case of John Bad Elk vs. U.S., 177 U.S. 529 (1900) when the court stated: “…where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What might be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
      “An arrest made with a DEFECTIVE (my caps) warrant; or one issued without AFFIDAVITS (my caps) or one that fails to allege a crime is without jurisdiction; and, the one who is being arrested may resist arrest and break away. If the arresting officer is killed by one who is so resisting, the killing will be no more than involuntary manslaughter.” House v. People, 75 Ill 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan 245; Ballard v. State, 43 Ohio 340; State v. Rousseau, 241 P.2d 447; and State v Spaulding 34 Minn. 361.
      “The offense of resisting arrest, both at Common Law and under statute, presupposes a lawful arrest. It is axiomatic (self-evident) that every person has the right to resist an unlawful arrest. In such case the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.” State v. Mobley 240 N.XC. 476, 83 S.E. 2d 100, 102 (1954).

    • A benefit/privilege cannot be forced on any one of us, IFF forced, it’s hardly a benefit/privilege. It IS a right to travel. Diction.
      As well…Notice of Right to Resist Arrest… This fundamental premise was upheld by the Supreme Court in the case of John Bad Elk vs. U.S., 177 U.S. 529 (1900) when the court stated: “…where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What might be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
      “An arrest made with a DEFECTIVE (my caps) warrant; or one issued without AFFIDAVITS (my caps) or one that fails to allege a crime is without jurisdiction; and, the one who is being arrested may resist arrest and break away. If the arresting officer is killed by one who is so resisting, the killing will be no more than involuntary manslaughter.” House v. People, 75 Ill 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan 245; Ballard v. State, 43 Ohio 340; State v. Rousseau, 241 P.2d 447; and State v Spaulding 34 Minn. 361.
      “The offense of resisting arrest, both at Common Law and under statute, presupposes a lawful arrest. It is axiomatic (self-evident) that every person has the right to resist an unlawful arrest. In such case the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.” State v. Mobley 240 N.C. 476, 83 S.E. 2d 100, 102 (1954).

  • You are right, it is a privilege. However, she is not really disrupting anything other than than the illusion. Is she guilty of that? You bet. Good.

  • You are right, it is a privilege. However, she is not really disrupting anything other than than the illusion. Is she guilty of that? You bet. Good.

    • I’m not sure that I agree that driving and flying are privileges. But, even agreeing that they are, it is a right to protest. And her protest is in no way infringing on other people’s supposed privilege to fly ergo no one should have stopped her. Her words could not have hid a bomb that physically endangered others. They only told her truth which others were free to listen to or ignore.

      • My wife and I got called into airport security in Miami because the airport store sold her sour (Rotten) milk. We waited patiently in all of the appropriate lines, requested our money back and they refused. Then they offered to call airport security on us and I asked them to “Please do”.

        They took us to security, I was in a humorous mood because I couldn’t believe that they were making such a big deal over a customer wanting their money back for rotten milk. We had a three hour lay-over, so I was inviting distractions, and was getting some fun over having something to do. I had my receipt, and the rotten milk. They asked me how I could prove that I got the rotten milk at THAT store. I told them: “I am a refrigeration contractor, the refrigerated case is at 65 degrees, and if you have the time we can go though the line again, buy some more milk, and check to see if it is rotten. If it is can I get triple jeopardy money back?”…They called the store manager and directed him to give me the money back. I secretly think that they simply didn’t want to wait in the line.

        One time coming back from Switzerland, we were going back out through customs and security. A lady was having trouble getting her suitcase onto the inspection belt the TSA agent told her to leave it there and he would get it. She went on through. A few minutes later he spotted it, he hollered at us in line that you can just leave your luggage laying around in an airport and he literally threw into the security conveyor out of the building. We all looked at each other and didn’t say a word.
        Just my opinion, but the TSA agents are the lowest common denominator of humanity.

  • Thanks for sharing this story. I am in awe of the bravery of this woman who stood up for her beliefs. She did an honorable thing! If only more of us had the guts…

  • Thanks for sharing this story. I am in awe of the bravery of this woman who stood up for her beliefs. She did an honorable thing! If only more of us had the guts…

  • Really? Flying is a privilege? Like talking on the phone is a privilege? Like the access to family planning is a privilege? Like being able to be a citizen with a sign on Wall Street is a privilege? We are frogs in boiling water but with climate change coming lets just tell each other how happy we are to have water and heat.

    • Goldie,
      The frog analogy along w/your “how happy we are to have water and heat” would usually make me laugh…except it appears to be dangerously true. The following I read to the over-paid, un-productive Supervisors a few weeks back:
      Psychology 101
      Start with a cage containing five monkeys and inside the cage hang a banana on a string from the top with a set of stairs under the banana. Before long a monkey will go to the stairs and climb toward the banana. As soon as he touches the stairs, you spray all the other monkeys w/cold water. After awhile another monkey makes an attempt with the same result…all the other monkeys are sprayed with cold water. Pretty soon when another monkey tries to climb the stairs, the other monkeys will try to prevent it. Now, put the cold water away. Remove one monkey from the cage and replace it with a new one. The new monkey sees the banana and attempts to climb the stairs. To his shock, all of the other monkeys beat the crap out of him. After another attempt and attack, he knows that if he tries to climb the stairs he will be assaulted. Next, remove another of the original five monkeys, replacing it with a new one. The newcomer goes to the stairs and is attacked. The previous newcomer takes part in the punishment…with enthusiasm. Then, replace a third original monkey with a new one, followed by a fourth and fifth. Every time the newest monkey takes to the stairs he is attacked. Most of the monkeys that are beating him up have no idea why they were not permitted to climb the stairs. Neither do they know why they are participating in the beating of the newest monkey. Finally, having replaced all of the original monkeys, none of the remaining monkeys will have ever been sprayed w/cold water. Nevertheless, none of the monkeys will try to climb the stairway for the banana. WHY? BEEcause in their minds…that is the way it has always been. This, my brothers & sisters (I said friends at the meeting), is how Congress operates…and is why, from time to time, all of the monkeys need to be REPLACED AT THE SAME TIME. At the Supe’s meeting, I implied, from Congress, to and including, county/city officials.

  • Really? Flying is a privilege? Like talking on the phone is a privilege? Like the access to family planning is a privilege? Like being able to be a citizen with a sign on Wall Street is a privilege? We are frogs in boiling water but with climate change coming lets just tell each other how happy we are to have water and heat.

    • Goldie,
      The frog analogy along w/your “how happy we are to have water and heat” would usually make me laugh…except it appears to be dangerously true. The following I read to the over-paid, un-productive Supervisors a few weeks back:
      Psychology 101
      Start with a cage containing five monkeys and inside the cage hang a banana on a string from the top with a set of stairs under the banana. Before long a monkey will go to the stairs and climb toward the banana. As soon as he touches the stairs, you spray all the other monkeys w/cold water. After awhile another monkey makes an attempt with the same result…all the other monkeys are sprayed with cold water. Pretty soon when another monkey tries to climb the stairs, the other monkeys will try to prevent it. Now, put the cold water away. Remove one monkey from the cage and replace it with a new one. The new monkey sees the banana and attempts to climb the stairs. To his shock, all of the other monkeys beat the crap out of him. After another attempt and attack, he knows that if he tries to climb the stairs he will be assaulted. Next, remove another of the original five monkeys, replacing it with a new one. The newcomer goes to the stairs and is attacked. The previous newcomer takes part in the punishment…with enthusiasm. Then, replace a third original monkey with a new one, followed by a fourth and fifth. Every time the newest monkey takes to the stairs he is attacked. Most of the monkeys that are beating him up have no idea why they were not permitted to climb the stairs. Neither do they know why they are participating in the beating of the newest monkey. Finally, having replaced all of the original monkeys, none of the remaining monkeys will have ever been sprayed w/cold water. Nevertheless, none of the monkeys will try to climb the stairway for the banana. WHY? BEEcause in their minds…that is the way it has always been. This, my brothers & sisters (I said friends at the meeting), is how Congress operates…and is why, from time to time, all of the monkeys need to be REPLACED AT THE SAME TIME. At the Supe’s meeting, I implied, from Congress, to and including, county/city officials.

  • Wish I had her bravery to stand up to TSA like that. After the last 2 flights I had (2+ years ago now) I just don’t ever want to fly again. I agree with Ernie, that the TSA and those who give them the power are the lowest of the low.
    Great link thanks KYM.

  • Wish I had her bravery to stand up to TSA like that. After the last 2 flights I had (2+ years ago now) I just don’t ever want to fly again. I agree with Ernie, that the TSA and those who give them the power are the lowest of the low.
    Great link thanks KYM.

  • Fiance here: I was just talking to a woman I work with last night about civil rights. She is ex-military and god only knows what else. She claims to have been an international law attorney but who knows. Needless to say she is wanting to make it mandatory to put our fingerprints on our drivers licenses along with a DNA code. (She says they do it in Peru) When I balked at that statement her answer was “F*&k” civil rights and privacy. I was just flabbergasted, is that what I future is?

    I give kudos to the woman in the story. We all have to start standing our ground and taking back our liberties that the feds have taken away!

  • Fiance here: I was just talking to a woman I work with last night about civil rights. She is ex-military and god only knows what else. She claims to have been an international law attorney but who knows. Needless to say she is wanting to make it mandatory to put our fingerprints on our drivers licenses along with a DNA code. (She says they do it in Peru) When I balked at that statement her answer was “F*&k” civil rights and privacy. I was just flabbergasted, is that what I future is?

    I give kudos to the woman in the story. We all have to start standing our ground and taking back our liberties that the feds have taken away!

  • Thanks for the link. Her story made me so sad I actually had tears in my eyes… for her, for us. Next time I fly I think I’l do a little reading when I’m patted down. She inspires me .

  • Thanks for the link. Her story made me so sad I actually had tears in my eyes… for her, for us. Next time I fly I think I’l do a little reading when I’m patted down. She inspires me .

  • After two month in Asia, I was glad to see an American at customs in Honolulu. Unfortunately, the euphoria was short lived as my family and I were insulted and disrespected by TSA and Customs. We were treated like criminals by neanderthals.

  • After two month in Asia, I was glad to see an American at customs in Honolulu. Unfortunately, the euphoria was short lived as my family and I were insulted and disrespected by TSA and Customs. We were treated like criminals by neanderthals.

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