7 Jan 2016

Caught On Tape - TSA Gropes 10 Year Old Girl For Two Minutes Due To Capri Sun In Baggage

By Michael Krieger: Just when you thought the TSA couldn’t possibly get any worse…
From the San Diego Tribune:
A Capri Sun juice pouch mistakenly left in a 10-year-old San Diego girl’s carry-on handbag led a TSA agent to subject the girl to almost two minutes of frisking and extra screening that lasted about an hour, her father said.
Liquids exceeding 3 ounces are not allowed in carry-on bags, for fear they might contain explosives, but the girl’s father said the resulting search was an over-reaction and an inappropriate intrusion.
Kevin Payne of Pacific Beach and his daughter, Vendela, were passing through the Raleigh-Durham International Airport on Dec. 30, 2015, headed home to San Diego, when U.S. Transportation Security Administration agents discovered the liquid.
Authorities followed up with a swab of the bag and a false-positive test for explosives, then a nearly 2-minute-long full-body pat-down in which a female TSA agent touched the girl’s buttocks and groin repeatedly.

Payne said TSA agents told him he wasn’t allowed to film, but he asserted his rights and was able to capture the incident on video, which he has since posted on YouTube and Nextdoor.
Meanwhile, I found the following at the TSA’s own blog:
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“If you look at videos, most pat-downs on adults (take) about a minute,” Payne said. “Start to finish, in real time, (Vendala’s pat-down) was 1 minute and 47 seconds. It just didn’t seem like it was an efficient pat-down.”
Payne said TSA agents made it clear to him that he would be arrested if he tried to interfere with their search of his daughter. So he kept calm, waved to his daughter, and made funny faces at her to keep things light.
Now watch the video for yourself:
I’m sorry, but the only terrorism I see happening at this airport is courtesy of the TSA. A completely lawless agency, which recently illegally changed it’s rules to say that body scanners may be mandatory for “some” passengers, without making it clear what the criteria for this arbitrary exclusion is.
Yes, the same body scanners that were found to have a 96% fail rate during an audit last year. For more, see the recent post: TSA Moves to Make Ineffective Body Scanners Mandatory.
Importantly, it appears the TSA’s latest shady move may be illegal. As Forbes reported in the article, TSA Body Scan? Just Say ‘No,’ Leading Expert Says:
Passengers required by the Transportation Security Administration (TSA) to submit to a body scan can legally refuse, according to Marc Rotenberg, President of the Electronic Privacy Information Center (EPIC).
Specifically, Rotenberg stated in writing that “ passengers have a legal right to refuse the AIT scan. The agency action is contrary to the earlier representations before the D.C. Circuit and to the holding in EPIC v DHS.”
He elaborated that “the last minute announcement by the TSA is troubling and appears contrary to the agency’s previous representations about the program and to the decision of the D.C. Circuit in EPIC v. DHS. In that case the DHS represented that the body scanner program was optional and that passenger could always elect to opt for a pat-down. The D.C. Circuit, relying on the government’s representation, concluded that there was therefore no Fourth Amendment violation, because as Judge (Douglas H.) Ginsburg explained for the court,
‘More telling, any passenger may opt-out of AIT screening in favor of a pat-down , which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive.’”
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In Liberty,
Michael Krieger

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