[IP] I was detained at the TSA checkpoint for about 25 minutes today
Begin forwarded message:
From: EEkid@xxxxxxx
Date: September 26, 2006 10:35:26 PM EDT
To: dave@xxxxxxxxxx
Subject: I was detained at the TSA checkpoint for about 25 minutes today
From Flyertalk Forums.
http://www.flyertalk.com/forum/showthread.php?p=6440005&posted=1
I was detained at the TSA checkpoint for about 25 minutes today
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I was detained for about 25 minutes today after passing though the
TSA checkpoint at MKE terminal E.
I thought about posting this in the other treads devoted to their
experience today under the new new liquids-are-okay-in-a-quart bag
rule, but I decided it needed its own thread.
Yesterday, while discussing the new rules a fellow Flyertalker
suggested we write "Kip Hawley is an Idiot" on the outside of our
clear plastic quart bags.
At the checkpoint I placed my laptop in one bin, and my shoes, cell
phone and quart bag in a second bin. The TSA guy who was pushing bags
and bins into the X-ray machine took a good hard look, and then as
the bag when though the X-ray I think he told the X-ray operator to
call for a bag check/explosive swab on my roller bag to slow me down.
He went strait to the TSA Supervisor on duty and boy did he come
marching over to the checkpoint with fire in his eyes!
He grabbed the baggie as it came out of the X-ray and asked if it was
mine. After responding yes, he pointed at my comment and demanded to
know "What is this supposed to mean?" "It could me a lot of things,
it happens to be an opinion on mine." "You can't write things like
this" he said, "You mean my First Amendment right to freedom of
speech doesn't apply here?" "Out there (pointing pass the id
checkers) not while in here (pointing down) was his response."
At this point I chuckled, just looking at him wondering if he just
realized how foolish that comment was, but I think my laugh pushed
him over the edge as he got really angry at this point. A Milwaukee
County Sheriffs deputy was summoned - I would have left at this
point, but he had my quart bag with my toothpaste and hair gel.
When the deputy got over the TSA supervisor showed him the bag and
told him what had happened to that point. After he had finished I
started to remind him he had left out his statement that my First
Amendment rights didn't apply "here" but was cut off by the deputy
who demanding my ID. I asked if I was under arrest, and his response
was "Right now you are not under arrest, you are being detained." I
produced my passport and he walked off with it and called in my name
to see if I had any outstanding warrants, etc. The TSA supervisor
picked up the phone about 20 feet away and called someone? At this
point two more officers were near by and I struck up a conversation
with the female officer who was making sure I kept put. I explained
to her who Kip Hawley was, why I though he was an idiot, and my
surprise that the TSA Supervisor felt my First Amendment rights
didn't' apply at the TSA checkpoint. She didn't say much.
After he was assured I didn't have any warrants out the first office
came back and I had my first chance to really speak, I explained that
I was just expressing my opinion and my writing should be protected
my by First Amendment rights. When he didn't respond, I then repeated
that the TSA Supervisor stated my First Amendment rights didn't apply
at the TSA check point and I asked if he (the deputy) agreed that was
the case. He responded by saying "You can't yell fire in a crowed
theater, there are limits to your right.
At this point I chucked again
I asked how this was even remotely like shouting "Fire" in a crowd,
and his answer was "Perhaps your comments made them feel threaten."
At about this point the TSA Supervisor finished up his phone call,
and summoned the officer back over. They talked for about 2 minutes,
and then both came back over. The officer pulled out his pad and
asked for my address and I asked why he needed it. "For the report I
have to file since I was summoned here" I started to give it, when I
noticed the TSA Supervisor was writing it down as well, so I stopped
and asked why he needed it. He said he needed to file an incident
report too, and I took the opportunity to ask what the resolution of
the incident was, did I do anything wrong? Are you going to ask the
officer to arrest me? He said no, I was free to go, but he was going
to confiscate my bag. I asked "If I did nothing wrong, why would you
take my bag" He pointed to a posted sign that said something about
reusing plastic bags (the MKE TSA was providing quart sized zipper
bags to pax today) I let him know that I had brought my bag from home
and would not be letting him take it. He then asked for permission of
photograph it, which I agreed too.
While he walked away to get the camera I finished giving my address
to the deputy, and he told my "You're free to go" Total time, about
25 minutes
After the TSA Supervisor took the photo I followed him back to his
desk - he had a pretty shocked look on his face when he turned around
and saw me there, and we talked for about 5 minutes, but when he
rolled his eyes at me I quickly realized that he wasn't going to
listen to anything I said.
I have a couple of questions:
Could I have refused to provide my ID and/or address to the officer
since I wasn't under arrest?
When asked for my ID do I have to hand it over or can I hang on to
it? By giving it to the deputy, he walked of with it and I felt stuck.
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