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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Scum. Pure scum, the TSA.

actual news story video on the link....

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http://www.rawstory.com/rs/2010/12/rape-victim-arrested-refusing-tsa-pat/

A 56-year-old woman who says she is a rape victim was arrested and banned from Austin-Bergstrom International Airport Wednesday after refusing to receive a pat down from a Transportation Security Agency (TSA) officer.

Claire Hirschkind could not receive a body scan because of a pacemaker-type device in her chest and was escorted to a female TSA officer to receive an enhanced pat down.

"I told them, 'No, I'm not going to have my breasts felt,' and she said, 'Yes, you are,'" Hirschkind told KVUE.

After refusing to receive the enhanced pat down, she was arrested.

"The police actually pushed me to the floor, and handcuffed me," she said. "I was crying by then. They drug me 25 yards across the floor in front of the whole security."

Hirschkind said her constitutional rights were violated.

About 70 airports have put into use over 400 backscatter x-ray machines that can see beneath passengers' clothing. Passengers who set off a metal detector or body scan machine or refuses to be scanned receive an invasive physical pat down.

The American Civil Liberties Union (ACLU) said it received over 900 complaints from travelers in November who were subjected to the new screening procedures of the TSA.

"Under the newly implemented enhanced pat-down, a TSA officer sliders his or her hands over an individual's breasts, buttocks, groin, and inner thighs, and inserts his or her fingers inside the entire circumference of the pant's waistband," a lawsuit filed against Homeland Security Secretary Janet Napolitano and TSA administrator John Pistole stated.

"Although it is well established that subjecting airline passengers to limited searches designed to detect weapons and explosives is consistent with the Fourth Amendment, it is equally well established that such searches must be reasonable," the lawsuit added.

In response to the incident at the Austin-Bergstrom International Airport, the TSA issued a statement saying "our officers are trained to treat all passengers with dignity and respect" but that "security is not optional."

nfrsig.jpg

The Great Canadian to Texas Transfer Timeline:

2/22/2010 - I-129F Packet Mailed

2/24/2010 - Packet Delivered to VSC

2/26/2010 - VSC Cashed Filing Fee

3/04/2010 - NOA1 Received!

8/14/2010 - Touched!

10/04/2010 - NOA2 Received!

10/25/2010 - Packet 3 Received!

02/07/2011 - Medical!

03/15/2011 - Interview in Montreal! - Approved!!!

Filed: Other Country: Afghanistan
Timeline
Posted

Scum. Pure scum, the TSA.

actual news story video on the link....

-------------

http://www.rawstory.com/rs/2010/12/rape-victim-arrested-refusing-tsa-pat/

A 56-year-old woman who says she is a rape victim was arrested and banned from Austin-Bergstrom International Airport Wednesday after refusing to receive a pat down from a Transportation Security Agency (TSA) officer.

Claire Hirschkind could not receive a body scan because of a pacemaker-type device in her chest and was escorted to a female TSA officer to receive an enhanced pat down.

"I told them, 'No, I'm not going to have my breasts felt,' and she said, 'Yes, you are,'" Hirschkind told KVUE.

After refusing to receive the enhanced pat down, she was arrested.

"The police actually pushed me to the floor, and handcuffed me," she said. "I was crying by then. They drug me 25 yards across the floor in front of the whole security."

Hirschkind said her constitutional rights were violated.

About 70 airports have put into use over 400 backscatter x-ray machines that can see beneath passengers' clothing. Passengers who set off a metal detector or body scan machine or refuses to be scanned receive an invasive physical pat down.

The American Civil Liberties Union (ACLU) said it received over 900 complaints from travelers in November who were subjected to the new screening procedures of the TSA.

"Under the newly implemented enhanced pat-down, a TSA officer sliders his or her hands over an individual's breasts, buttocks, groin, and inner thighs, and inserts his or her fingers inside the entire circumference of the pant's waistband," a lawsuit filed against Homeland Security Secretary Janet Napolitano and TSA administrator John Pistole stated.

"Although it is well established that subjecting airline passengers to limited searches designed to detect weapons and explosives is consistent with the Fourth Amendment, it is equally well established that such searches must be reasonable," the lawsuit added.

In response to the incident at the Austin-Bergstrom International Airport, the TSA issued a statement saying "our officers are trained to treat all passengers with dignity and respect" but that "security is not optional."

Somehow dragging someone across the floor doesn't seem respectful to me. I realize these are her words......

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

If she's uncomfortable with the pat downs she should have taken a bus or train. These are the guidelines we all must follow, her circumstances are sad and I feel for her, however that does not make her exempt from the rules. When anyone refuses to be searched at the airport they're going to be detained.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

If she's uncomfortable with the pat downs she should have taken a bus or train. These are the guidelines we all must follow, her circumstances are sad and I feel for her, however that does not make her exempt from the rules. When anyone refuses to be searched at the airport they're going to be detained.

Sorry my friend, buying an airline ticket doesn't suspend your constitutional rights. If you really think it does, then this nation is in much worse shape than thought to be...

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The Great Canadian to Texas Transfer Timeline:

2/22/2010 - I-129F Packet Mailed

2/24/2010 - Packet Delivered to VSC

2/26/2010 - VSC Cashed Filing Fee

3/04/2010 - NOA1 Received!

8/14/2010 - Touched!

10/04/2010 - NOA2 Received!

10/25/2010 - Packet 3 Received!

02/07/2011 - Medical!

03/15/2011 - Interview in Montreal! - Approved!!!

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

Receiving a pat down at airport security is not a violation of the 4th amendment as they are sanctioned. It's a requirement, if you don't like it, don't fly. She could have asked for a privacy room and a female officer would be the one to perform the search. Airport security does it's best to accommodate reasonable requests while getting people through the lines quickly.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Sorry my friend, buying an airline ticket doesn't suspend your constitutional rights. If you really think it does, then this nation is in much worse shape than thought to be...

I thought the standard on constitutional violations was based on the reasonable person standard not subjectivity. If I had a background as an abused kid, it wouldn't give me the right to beat the ####### out of anyone who touches me. What if I was the member of an oppressed minority, could I bash in the skull of anyone who used fighting words with me?

After refusing to receive the enhanced pat down, she was arrested.

"The police actually pushed me to the floor, and handcuffed me," she said. "I was crying by then. They drug me 25 yards across the floor in front of the whole security."

Could be excessive force here but I don't anything about Australian law. Didn't hear their side of the story.

Edited by alienlovechild

David & Lalai

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Greencard Received Date: July 3, 2009

Lifting of Conditions : March 18, 2011

I-751 Application Sent: April 23, 2011

Biometrics: June 9, 2011

Filed: Other Country: Afghanistan
Timeline
Posted

Receiving a pat down at airport security is not a violation of the 4th amendment as they are sanctioned. It's a requirement, if you don't like it, don't fly. She could have asked for a privacy room and a female officer would be the one to perform the search. Airport security does it's best to accommodate reasonable requests while getting people through the lines quickly.

So the original purpose of this was to keep someone who had already entered security and set off a security procedure from effectively running away. The case was one were a gentleman put his bag through an xray machine, created suspicion, and then tried to plead the 4th when they wanted to open it. I think the issue of these pat downs goes beyond that and the issue of 4th Ammendment in Airports should be revisited given the new procedures.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

i'm not surprised. just more erosion of one's individual rights in the name of progress.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Filed: Country: Belarus
Timeline
Posted

Why does refusal to get patted down=arrest and not just a "sorry, you are not getting on the plane then." ??

It is what it is for now. Whether anyone agrees with it or not, that is what is going on now. Like others said earlier, if you are not prepared to get with the program, you had best find an alternate way to get where you want to go. Because opting out once you get to the TSA security area is not an option. You will be arrested.

"Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."

"...for the system to be credible, people actually have to be deported at the end of the process."

US Congresswoman Barbara Jordan (D-TX)

Testimony to the House Immigration Subcommittee, February 24, 1995

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

She knew her constitutional rights were lost when she bought the ticket to fly.whistling.gif

She was probably still wearing "suggestive" clothing. She should stop that.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Posted

If she's uncomfortable with the pat downs she should have taken a bus or train. These are the guidelines we all must follow, her circumstances are sad and I feel for her, however that does not make her exempt from the rules. When anyone refuses to be searched at the airport they're going to be detained.

Actually that is not true. If someone refuses a patdown they will be escorted from the security area. They aren't detained unless they are acting up in that case they will be detained because it is a crime to prevent a Federal Officer doing his job.

It is what it is for now. Whether anyone agrees with it or not, that is what is going on now. Like others said earlier, if you are not prepared to get with the program, you had best find an alternate way to get where you want to go. Because opting out once you get to the TSA security area is not an option. You will be arrested.

No you wont be arrested.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Posted

Is this really the whole story? She refused to be patted down and she was forcibly arrested? If so, that is completely ridiculous, end of story.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 

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