Re: A provokative pov -- screening gets slammed by federal judge

[David Farber <dave () farber net>]

Begin forwarded message:

From: Bruce R Koball <bkoball () well com>
Date: July 8, 2009 7:06:45 PM EDT
To: David Farber <dave () farber net>
Cc: ip <ip () v2 listbox com>
Subject: Re: [IP] Re:   A provokative pov --  screening gets slammed  
by federal judge

Evidence is thrown out all the time by the courts when law enforcement  
hasn't played by the rules. Yes, some of those rules can be fuzzy but  
most of them are bright line law as far as I'm aware.

> what about when they do things that are good for us?

I'm sure LE could be a lot more effective if we ignored the Fourth  
Amendment entirely.

-brk-

On Wed, 8 Jul 2009, David Farber wrote:

> Begin forwarded message:
>
> From: Robert Siegel <rob () casasiegel com>
> Date: July 8, 2009 3:57:46 PM EDT
> To: Dave Farber <dave () FARBER NET>
> Subject: Re: [IP] TSA screening gets slammed by federal judge
>
> Dave,
>
> Dumb question to you and the list:
>
> If a TSA member caught people using fake passports, isn't that a  
> good thing
> for the citizenry?  I've listened to the audio tape from Mr.  
> Bierfeldt's
> experience, and I agree that the TSA representatives behaved  
> incorrectly in
> that instance, but if these folks can catch people who might be  
> smuggling
> drugs or people illegally (into prostitution, slavery, etc.),  
> shouldn't we
> be happy about that?
>
> While I grant that "increasing scope" on negative things is a real  
> pain,
> what about when they do things that are good for us?  Personally, I'm
> psyched someone caught some bad guys smuggling fake passports.
>
> Best,
>
> Rob
>
>
>
> On 7/8/09 7:01 AM, "Dave Farber" <dave () farber net> wrote:
>
> > 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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