TSA screening gets slammed by federal judge

[David Farber <dave () farber net>]

Begin forwarded message:

From: Richard Forno <rforno () infowarrior org>
Date: July 8, 2009 9:20:26 AM EDT
To: Undisclosed-recipients: <>;
Cc: Dave Farber <dave () farber net>
Subject: TSA screening gets slammed by federal judge

JULY 7, 2009, 11:14 P.M. ET

Is Tougher Airport Screening Going Too Far?

By SCOTT MCCARTNEY

http://online.wsj.com/article/SB10001424052970204556804574261940842372518.html
The Transportation Security Administration has moved beyond just  
checking for weapons and explosives. It’s now training airport  
screeners to spot anything suspicious, and then honoring them when  
searches lead to arrests for crimes like drug possession and credit- 
card fraud.

But two court cases in the past month question whether TSA searches— 
which the agency says have broadened to allow screeners to use more  
judgment—have been going too far.

A federal judge in June threw out seizure of three fake passports from  
a traveler, saying that TSA screeners violated his Fourth Amendment  
rights against unreasonable search and seizure. Congress authorizes  
TSA to search travelers for weapons and explosives; beyond that, the  
agency is overstepping its bounds, U.S. District Court Judge Algenon  
L. Marbley said.

Two recent court cases question whether TSA searches have been going  
too far.

“The extent of the search went beyond the permissible purpose of  
detecting weapons and explosives and was instead motivated by a desire  
to uncover contraband evidencing ordinary criminal wrongdoing,” Judge  
Marbley wrote.
In the second case, Steven Bierfeldt, treasurer for the Campaign for  
Liberty, a political organization launched from Ron Paul’s  
presidential run, was detained at the St. Louis airport because he was  
carrying $4,700 in a lock box from the sale of tickets, T-shirts,  
bumper stickers and campaign paraphernalia. TSA screeners quizzed him  
about the cash, his employment and the purpose of his trip to St.  
Louis, then summoned local police and threatened him with arrest  
because he responded to their questions with a question of his own:  
What were his rights and could TSA legally require him to answer?

Mr. Bierfeldt recorded the encounter on his iPhone and the American  
Civil Liberties Union filed suit in June against Homeland Security  
Secretary Janet Napolitano, claiming in part that Mr. Bierfeldt’s  
experience at the airport was not an anomaly.

“Whether as a matter of formal policy or widespread practice, TSA now  
operates on the belief that airport security screening provides a  
convenient opportunity to fish for evidence of criminal conduct far  
removed from the agency’s mandate of ensuring flight safety,” the ACLU  
said in its suit.

‘Mission Creep’?
TSA said in a statement on the Bierfeldt incident that travelers are  
required to cooperate with screeners, and while it is legal to carry  
any amount of money when flying domestically, the agency believes  
cooperation includes answering questions about property. As a result  
of the recording, however, TSA determined that “the tone and language  
used by the TSA employee was inappropriate and proper disciplinary  
action was taken.”

The cases will likely inflame TSA critics and frequent travelers who  
believe screeners take a heavy-handed approach and worsen the hassle  
of getting through airports with layers of rules and sometimes  
inconsistent policies between different cities.

“TSA agents don’t get to play cops,” says Ben Wizner, an attorney who  
filed Mr. Bierfeldt’s suit. The ACLU has heard an increasing number of  
reports of TSA agents involved in what he called “mission creep,” he  
says.
snip

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