Educating TSA can land you in jail

Educating Transportation Security Administration (TSA) personnel as to the language of the Fourth Amendment to the Constitution can be hazardous to your freedom; even if done peacefully but while being subjected to the agency’s invasive airport security measures.

Aaron Tobey, a student at the University of Cincinnati, learned this the hard way as he was attempting to depart from Richmond (VA) International Airport for a family funeral last December 30th.

Tobey already had passed through the metal detector at the TSA security check point, but was directed by an officer to one of the naked full-body scanners. Just before he was to be scanned, Tobey protested his treatment by removing his pants and shirt (thankfully, leaving his boxers on), and revealing a writing on his chest, “Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated.”

For thus displaying a sentence appearing in our country’s Constitution, Tobey was deemed to be a “security risk.” He then was detained by TSA officers for an hour and a half, and subsequently cited for disorderly conduct; though the charge was later dropped.

Tobey now has initiated a lawsuit; alleging unlawful detention and that the government violated several of his constitutionally-protected liberties, including his rights to free speech and to be free from unreasonable searches.

Judge Henry Hudson heard arguments in the case on Wednesday in the U.S. District Court for the Eastern District of Virginia. The federal government, of course, is seeking to have Tobey’s suit dismissed; contending the TSA officers named in the suit were just doing their jobs.

While the TSA employees may indeed have been doing as they were directed by their bosses, this young man was – in his own way – doing nothing more than simply standing up for the Bill of Rights. While some TSA employees may not realize it, the Fourth Amendment in fact is a part of the Bill of Rights, which in turn is an integral part of the very same Constitution to which every TSA employee pledges support as a condition of employment. However, when a law-abiding citizen points this fact out to those very employees, he is detained and arrested. What’s wrong with this picture?

By Bob Barr – The Barr Code

46 comments Add your comment

AJT

August 12th, 2011
7:36 am

Pretty much ever “smart mouth” client I’ve ever represented gets arrested when he mentions the 4th Amendment to a police officers. I don’t know why the TSA would be any different. Sad, but true…

Babs

August 12th, 2011
7:45 am

Although I personally believe some of the TSA’s security measures have gotten out of hand, the middle of a busy airport when the workers are just trying to do their job is not the right forum for protesting a violation of your rights. Of course he was detained it is there job to ensure the safety of other passengers, and in their mind he may have appeared to be a threat. If he has a problem with the airport security, he should have chosen to not fly and lobby his congress, not cause a scene while getting scanned.

WOW

August 12th, 2011
7:51 am

I’m just sorry he didn’t have the middle finger salute drawn on his chest. That would have been more like it.

Jack

August 12th, 2011
7:58 am

Folks with tats on their chests are automatically suspect: expecially women.

Jack

August 12th, 2011
7:59 am

especially…

caslosgvv

August 12th, 2011
8:08 am

I would not quote the 4th Amendment to most TSA employees simply because they probably have never heard of it. These people are not exactly sterling examples of our educational system.

mike

August 12th, 2011
9:16 am

Lets just fly naked!!!! No bags allowed.

thewatchdog

August 12th, 2011
11:40 am

This is absolutely outrageous. I find it very difficult to believe that the TSA is operating within the guidelines of the Constitution. The 4th Amendment to the Constitution is sacrosanct. It belongs in the first tier of the most important amendments. I mean this harks back to the Baker County days when Sheriff Screws and a deputy pulled a man from his home and dragged him down to the station without warraNTS OR PROVOCATION
This is infringing on the 4th Amendment right to privacy must stop. It goes beyond the pale to think this bare naked scanning and subsquent detaining of a law abiding citizen. It is is as if there was no 4th amendment at all in the Constitution.

will

August 12th, 2011
12:55 pm

As someone once told me – you have the absolute right to say or do whatever you want just remember there are consequences to everything you do. Let me get this right – a busy airport, politely asked to go through another screening and he drops his pants – he deserved what he got. There is a time and a place for everything.

mike2

August 12th, 2011
12:56 pm

It is displays like this that must occur to bring attention to the ludicrous actions of the TSA. Without such resistance our rights would only continue to be violated by them in additional ways.

last

August 12th, 2011
1:26 pm

You cant drop trow in a public place where there’s women and infinks. Come on.

A reader

August 12th, 2011
1:30 pm

He was not subjected to an unreasonable search. He chose to fly on a commercial plane. Flying is a privilege, not a right. There are rules that must be followed in order to have that privilege and one of those is currently a full body scan.

The lawsuit is ridiculous!!

Grasshopper

August 12th, 2011
1:45 pm

Logical Dude

August 12th, 2011
2:15 pm

“Judge Henry Hudson heard arguments in the case on Wednesday in the U.S. District Court for the Eastern District of Virginia”

Keep us updated Bob! I want to hear that the Constitution still has some meaning for those in government.

ellie parks

August 12th, 2011
2:44 pm

Yes, he can “drop trow” as someone said. If the TSA is making us all virtually remove our clothes, what is the difference if we do it in real life? Let’s get serious. The search procedures are outrageous and offensive, More than that, they DO NOT provide any REAL security. This is theater, people.

ellie parks

August 12th, 2011
2:45 pm

Oh, and saying someone was “just doing their job” is lame. I bet people said that about all kinds of awful people like, say, Hitler’s soldiers or the Tutsi or any dictator you can name….

BADA BING

August 12th, 2011
2:54 pm

Cynthia Tucker is going to UGa! Parents don’t worry about her teaching all that liberal bull to your kids. Students at UGa don’t actually go to classes. Party on!

Michael

August 12th, 2011
3:14 pm

@Babs….where do you protest seeing our rights as citizens being thrown out of the window…in your living room? Would that be an acceptable place so that it didn’t interfere with your right to walk sheep like over the cliff? Based on what I have read, this guy did nothing that could have been construed as threatening to anybody. Typical TSA story. They’ve been granted Gestapo like authority over us, and it needs to be fought.

AmVet, Granny Godzilla and getalife are all losers

August 12th, 2011
3:21 pm

Has anyone seen our welfare checks?

LA/CommieAJC/WOW/Grand Forks

August 12th, 2011
3:23 pm

BADA BING

Mssssssss. Tucker’s career is over with. She won’t last long at THUGA. She was betting on getting a job at PMSNBC but that didn’t pan out because they had to hire Al Sharpton.

BADA BING

August 12th, 2011
3:41 pm

Bumper sticker …… “Cynthia Tucker is going to UGa, and all I got were these lousy editorials”.

LA/CommieAJC/WOW/Grand Forks

August 12th, 2011
3:48 pm

Since those bulldogs keep dying off at UGA, maybe they can get Cynthia to be their mascot.

ATF

August 12th, 2011
5:03 pm

Frankly, when I am passing through security trying to make a flight, I do not want to be presented with uppity young men in their boxer shorts. His behavior was inappropriate, childish, and ridiculous and his behavior is correctly identified as “disorderly conduct.”

Further, I don’t care if a body scan shows every part of your body you consider so private if that means my daughter and son-in-law are protected from crazies. So, scan, baby, scan! to paraphrase the No-I-Am-Not-Running Sarah Palin.

LA/CommieAJC/WOW

August 12th, 2011
5:39 pm

BADA BING

I don’t know if you still hang out on Dorkman’s blog but he’s gotta be feeling pretty down right about now. His cult leader is done, Obozocare is being overruled as unconstitutional and his lib buddy Tucker got the ax at the AJC.

Hillbilly D

August 12th, 2011
7:53 pm

Often times in life, people catch hell because they’re chasing it.

Quamesha

August 12th, 2011
10:01 pm

“Tobey protested his treatment by removing his pants and shirt…”

I think that’s the part that got him in trouble Bob, not the 4th Amendment sermonette.

phil

August 13th, 2011
9:41 am

Im not sure a search for weapons and explosives on your person is a violation of the 4th amendment. This is definitely not the first person to walk up to a TSA checkpoint and try this stunt.

Dr. Pangloss

August 13th, 2011
3:22 pm

He had the option of being patted down or of taking some other kind of transportation. This clown just wanted to drop trow in public and get some attention.

And they’re not “naked body scanners.” The images look like a robot in a swimsuit. They’re now changing over to an image that looks like Gumby.

riptorn

August 13th, 2011
6:46 pm

The whole story lacks credibility. He would never have gone through both a metal detector and a body scanner. It’s one or the other unless he opted out which is not mentioned in this Barr post. Let’s get the story right before we go blasting folks for doing thier jobs.
Question to all of you 4th ammendment phonies. If it was Sept 12th 2001 would you have any problem with what the TSA or your government is doing to TRY to keep you safe? You need to be honest with yourself to answer this question. I wonder if you have the capability.

Inman Park Boy

August 13th, 2011
8:14 pm

I thought we did away with the “just doing my job” defense at Nuremburg….

Not fooled…

August 14th, 2011
12:19 am

What kind of moronic Congressman would vote to create the TSA? Oh…

Robert

August 14th, 2011
5:47 am

I don’t why it’s not obvious to more people. This process not only violates the 4th smmendment it can amount ot unlawful detention, false imprisonment or even kidnapping. Things may have changed since I retired but even when stopping someone for a suspected crime or infraction within 15-20 you best have arrested cited or released most detainees. That was even if there was reasonable suspicion or probable cause. I hope he wins his lawsuit.

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Our Lord and Savior Jesus Christ will crush the heads of the perverted New World Order integrationist crowd and their devilish black minions

August 14th, 2011
10:26 am

The Barr Code,

If you understand the “mind-set” of the perverted New World Order integrationist crowd and their devilish black minions, there is absolutely nothing wrong with the picture. In their evil perverted minds, the 4th amendment to the Constitution of the United States and the Constitution to which they pledged to support as a condition of employment is subservient to the directives of their bosses and the mission at hand. Additionally, we must take under consideration that many Americans have been deliberately dumbed down for the past forty years and have lost the ability to logically arrive at conclusions.

If directed by their bosses, the perverted New World Order integrationist crowd and their devilish black minions believe they are justified in disobeying the Constitution of the United States much like ambulance drivers are justified in breaking the law after receiving directions from dispatch. Most drivers proceed with the understanding that their duty to save lives at risk takes precedent over obeying the speed limit or city ordinances etc. As a result, we observe drivers going 50 mph in a 30 mph zone, proceeding through red lights, and stop signs.

I know I know I know I know I know I know I know. The gravitas of the first paragraph makes it wholly incomparable and unacceptable to the second. But if you attempt to educate them, it can land you in jail. If you get caught up in jail, “the system,” you will discover that the courts believe the 4th amendment to the Constitution of the United States is subservient to the directives of bosses and the mission at hand too. And before you know it, your life will be destroyed by criminals in authority acting under color of law who refuse to obey and enforce the laws of our land. Just ask Aaron Tobey or Brian Gene Nichols.

Amen?

LoFlyer

August 14th, 2011
10:49 am

Enter your comments here

thewatchdog

August 14th, 2011
12:27 pm

I have been an unequivocal protector of the rights of the citizen under the constitution. Never deviaTED IN THE least. However, giving it a second thought, naked body scanning may not be all bad. If I were a frequent flyer my naked image would probably be an overwhelming aphodisiact fo the viewer. They would realize that a perfect Adonis [me] comes along once in a lifetime, and i would be highly sought after.

I still believe completely that the naked body scan and invasive frisking violates our most revered amendment, the 4th Amendment, it does infact make us a democracy and without it, we are one more dictatorship. AMEN

Last

August 14th, 2011
12:38 pm

This guy who dropped trou had nerves of steel, and, apparently, buns of steel. Maybe that’s why the metal detector went off and they had to check him out so intimately.

Our Lord and Savior Jesus Christ will crush the heads of the perverted New World Order integrationist crowd and their devilish black minions

August 14th, 2011
12:44 pm

Jeff Buske

August 14th, 2011
4:26 pm

Mr. Tobey was punished with loss of liberty ( fifth amendment) for exercising his first amendment and while actively preserving this forth. Let’s hope judge Hudson honors his oath of office and gives Mr. Tobey a chance to put the evidence to the jury (seventh). The pat-down is a search similarly the scanner is a warrant less electronic search. Our paper constitution does not stop radiation. Scanners have a non-zero radiation risk we have a basic right to protect our body, DNA and our future generations from the ravages of radiation. Learn how to protect body and dignity:

http://www.rockyflatsgear.com/Airport-Scanner-privacy-software-a-great-publicity-move.htmlhttp://www.rockyflatsgear.com/How-penetrating-are-airport-back-scatter-x-rays.html

Just Me

August 14th, 2011
7:03 pm

He is a hero in my book. A college student that actually know what the Bill of Rights is!

Our Lord and Savior Jesus Christ will crush the heads of the perverted New World Order integrationist crowd and their devilish black minions

August 14th, 2011
8:45 pm

azsandtrout

August 14th, 2011
11:12 pm

The middle of an airport just before he’s grope by a TSA pervert, is the exact place to protest. Women in OKC stripped to her underwear when they wanted to do a pat down (Groping). She’s now on the terrorist do not fly list for her protest. TSA/Homeland Security/Gestapo …. these names are interchangeable now!!!!!

  

August 15th, 2011
9:23 am

AmVet, Granny Godzilla and getalife are all losers

+1

Lisa Simeone

August 15th, 2011
9:33 am

The TSA is a criminal, out-of-control agency that abuses people with impunity. It hasn’t caught or thwarted a single potential attacker in its multi-billion-dollar history.

Pistole and Napolitano are its sick, twisted ringleaders. They should be fired — after being forced to go through a few gropes themselves — and the entire agency dismantled.

But I’m not holding my breath. Congress is craven, the president clueless (after all, his wife and children don’t have to get stripped or groped), and half the population willfully ignorant (”What’s the big deal?” “It’s okay; after all, nothing’s ever happened to me!”). I’ve kept track of accounts of abuse for the past 18 months, and they are legion:

http://www.travelunderground.org/index.php?threads/master-lists-of-tsa-abuses-crimes.317/

Empirical evidence, risk assessment, statistical analysis, security experts, logic — none of it matters to the United Sheeple of America. “The Terrorists! The Terrorists Are Everywhere!”

Babs

August 16th, 2011
12:45 pm

@ Michael
I have no issue with protesting, and I do think the TSA has gotten out of hand in most cases.
What I do have a problem with is the forum chosen to do his “protesting.” Trying to make a statement against a service that you are currently using is not appropriate. As a I stated before, he could have chosen not to fly.
From the outside looking in, it seems to me that the man was simply trying to garner attention and get shock value. I agree with the PP who stated that you can do and say as you like, but there are consequences (good or bad) that come with every decision.

Lisa Simeone

August 16th, 2011
3:14 pm

Babs, I guess you would’ve told Rosa Parks to take a hike.