Airport rules changed after Ron Paul aide detained

[ElNono]

Airport rules changed after Ron Paul aide detained
By Stephen Dinan

An angry aide to Rep. Ron Paul, an iPhone and $4,700 in cash have forced the Transportation Security Administration to quietly issue two new rules telling its airport screeners they can only conduct searches related to airplane safety.

In response, the American Civil Liberties Union is dropping its lawsuit on behalf of Steve Bierfeldt, the man who was detained in March and who recorded the confrontation on his iPhone as TSA and local police officers spent half an hour demanding answers as to why he was carrying the money through Lambert-St. Louis International Airport.

The new rules, issuedin September and October, tell officers "screening may not be conducted to detect evidence of crimes unrelated to transportation security" and that large amounts of cash don't qualify as suspicious for purposes of safety.

"We had been hearing of so many reports of TSA screeners engaging in wide-ranging fishing expeditions for illegal activities," said Ben Wizner, a staff lawyer for the ACLU, pointing to reports of officers scanning pill-bottle labels to see whether the passenger was the person who obtained the prescription as one example.

He said screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws.

TSA was created in the wake of the Sept. 11, 2001, terrorist attacks to boost screening at airports, but the young agency has repeatedly bumped heads against civil libertarians, who argue officers overstep their authority.

TSA spokeswoman Lauren Gaches said the new "internal directives" are meant to ensure their screeners are consistent. She acknowledged the policy on large sums of cash had changed, but wouldn't provide a copy of either document. She said the directives would not be released unless a Freedom Of Information Act request was submitted by The Washington Times.

"TSA routinely assesses its policies and screening procedures to ensure the highest levels of security nationwide," she said. "Currency alone is not a threat, and TSA does not restrict the amount of currency a traveler may carry through the checkpoint."

TSA had earlier defended the search, though it had criticized officers' abusive behavior.

The ACLU released the September directive because TSA included it in a public court filing, but said when TSA gave it the October directive it was instructed not to publish it.

That second directive tells screeners that "traveling with large amounts of currency is not illegal," and that to the extent bulk quantities of cash warrant searching, it is only to further security objectives, the ACLU said.

The ACLU sued in June on behalf of Mr. Bierfeldt, who was detained after he sent a metal box with $4,700 in cash and checks through an X-ray machine at the airport.

He had the cash as part of his duties as director of development for the Campaign for Liberty, the offshoot group that Mr. Paul, Texas Republican, created from his failed presidential bid.

Mr. Bierfeldt recorded audio of the confrontation on his iPhone, including threats, insults and repeated questions about where he obtained the money.

"Are you from this planet?" one officer told him, while another accused him of acting like a child for asking what part of the law forced him to answer their questions about the money.

"The TSA has stated that their policy is going to change, which is basically what we were after all along," Mr. Bierfeldt told The Washington Times.

Some civil liberties activists speculate that TSA wants passengers to be uncertain about its procedures because it gives more power to the authorities in an encounter.

The new directives don't affect a situation where a TSA officer, in the performance of a regular screening, comes across evidence of illegal activity, such as a bag of illicit drugs.

LINK (http://www.washingtontimes.com/news/2009/nov/11/rules-changed-after-paul-aide-detained-at-airport/)

[boutons_deux]

OBL is still striking daily at American citizens' freedoms.

Give low-level assholes a lot of fishing-expedition power, and expect them not to use it?

[Cry Havoc]

I just got back from Hawaii. Did a little island hopping while I was there.

The amount searching the airport security did of my things was absolutely ridiculous.

I had two moderately sized bags for a 10 day trip, so they were packed pretty tightly and it took me forever to do so.

EVERY time I went through security, they took it completely apart. Asked me what my camera was for (really?), asked what the "strange square electronics box" I had was (a CD case), and completely threw my clothes out of the bag without regard for how carefully I'd packed. And then -I- felt like an ass because the line was stalled waiting for them to check me out.

And all that said, they didn't even take my camera out to inspect it (I mean if you're being that thorough, I'm sure you realize that it could be a fake camera full of illicit substances), and they DIDN'T EVEN CHECK MY POCKETS. I mean, really? You can carry WAY more than 3 ounces of liquid on a plane with you, because they hardly ever pat a person down.

Absolutely ridiculous. At least most of the time they were nice and relatively humble about it. The first time I went through security though, they were pretty openly hostile. I guess cameras and laptops are rare for people to take to Hawaii with them. :rolleyes

[balli]

I'd just as soon see the US lose 3 planes full of people each year to terrorism, if it meant the rest of us could get on a flight without going through all this bullshit. I'd be very willing to risk it at least.

[Cry Havoc]

d5Dh1ZkPBL0

An audio of the encounter.

[Cry Havoc]

double post.

[Wild Cobra]

I'd just as soon see the US lose 3 planes full of people each year to terrorism, if it meant the rest of us could get on a flight without going through all this bullshit. I'd be very willing to risk it at least.
I just went through security twice now in the last 4 weeks. It was easy enough. That cash thing was clearly stupidity at it's finest on the part of the TSA.

[Wild Cobra]

LOL...

That audio is priceless.

I hope those Mo Fo TSA people get jail time.

[balli]

That cash thing was clearly stupidity at it's finest on the part of the TSA.
Most definitely. Obviously, not the norm. I hope.

I just went through security twice now in the last 4 weeks. It was easy enough.
If there's one thing I fucking hate, it's standing in lines. I did it the other night for the first time in a while and it made me feel so so utterly defeated that I could have vomited. Maybe it's because I'm so misanthropic on a personal level that I can't put other people's needs above my own? But nevertheless, waiting on other people, for any reason, absolutely makes my blood boil. Quite seriously, I'd rather lose hundreds of American lives a year to terrorism than spend 20 minutes of my life, per year, in security checkpoint lines. Is that selfish or what? :lol

[z0sa]

Me and my (rather huge) family recently went on a trip to florida, and had no problems. Not only that, I had a piece of paper with 5 very potent joints in an inside pocket of my shirt.

This shit is extremely hit or miss, just saying.

[Wild Cobra]

Most definitely. Obviously, not the norm. I hope.
What was really stupid was the amount. It was under $10,000, therefor no explaination needed.

If there's one thing I fucking hate, it's standing in lines. I did it the other night for the first time in a while and it made me feel so so utterly defeated that I could have vomited. Maybe it's because I'm so misanthropic on a personal level that I can't put other people's needs above my own? But nevertheless, waiting on other people, for any reason, absolutely makes my blood boil. Quite seriously, I'd rather lose hundreds of American lives a year to terrorism than spend 20 minutes of my life, per year, in security checkpoint lines. Is that selfish or what? :lol

Interesting.

What I found unique at both originating airports I went trough security with was the lines were smaller than in the past, before 9/11.

[balli]

What I found unique at both originating airports I went trough security with was the lines were smaller than in the past, before 9/11.
Actually, it isn't much worse than it ever was. At least in SLC where I fly in and out more than anywhere else. But never-minding 9/11, I just don't like the concept very much. Shit, let the 100% Ameri-CAN hillbilly in seat 16D take on his .38. That would probably be more of terrorism deterrent than paranoia about cameras, water bottles and shoes.

And I was wrong to say that 20 minutes of my life is more important than American lives. Just more important than the risk to American lives. Including my own.

[ElNono]

What do you wanna bet that if the guy wouldn't have recorded the conversations we wouldn't be seeing these changes made?
Also, as much as people like WC like to bitch about the ACLU, and their 'agenda', I think they were spot on on suing, and also withdrawing the claim once the change was made.

[sabar]

Its hit and miss. I pretty much just walked through no problem a couple years ago. Most I did was take off my shoes.

[panic giraffe]

If there's one thing I fucking hate, it's standing in lines. I did it the other night for the first time in a while and it made me feel so so utterly defeated that I could have vomited. Maybe it's because I'm so misanthropic on a personal level that I can't put other people's needs above my own? But nevertheless, waiting on other people, for any reason, absolutely makes my blood boil. Quite seriously, I'd rather lose hundreds of American lives a year to terrorism than spend 20 minutes of my life, per year, in security checkpoint lines. Is that selfish or what? :lol

yes it is. at least give some sort of BS "in the name of civil liberties" defense, not, my time is so important to ME that i'd risk losing three planes full of innocent americans.

but on that note, i don't know where you live, but you might want to stay away from big cities and disney world, where life is full of bs lines. i've missed a plane at dfw coming back home to sa before just because of the line for security, but in the end it was worth it. i not only had a bigger piece of mind about the flight, but got to kill an hour getting drunk on overpriced airport bar booze...

[PixelPusher]

And all that said, they didn't even take my camera out to inspect it (I mean if you're being that thorough, I'm sure you realize that it could be a fake camera full of illicit substances), and they DIDN'T EVEN CHECK MY POCKETS. I mean, really? You can carry WAY more than 3 ounces of liquid on a plane with you, because they hardly ever pat a person down.


Security Theater.

[Shelly]

When my oldest was 14, TSA searched his backpack at the San Diego airport. I don't even think he had that much in it.

My mom has an artificial hip and tells them every time that she does (I'm sure she has a card or whatever saying so also). The do the wand on her every time. My mom is in her early 70s.

Right after 911, I had a TSA agent totally inspecting my car key as it was the flip open kind. I guess the thought it was a knife or something.

Seriously, do we still need to take off our shoes and why can't their x-ray machine see through a frigging computer bag? It can everything else. I will gladly pay more taxes it it gets me through security faster!

[ElNono]

I can't say the delays don't bother me. Plus the fact you already know you have to go much earlier just in case the line at security is too big, especially in busy airports like here in this area. And, as related by the experiences of many people here and my own, their search criteria can be entirely arbitrary, which basically means you don't actually get a measurable level of security, but just merely the sensation that you are secure.

[PixelPusher]

http://imgs.xkcd.com/comics/bag_check.png

[MiamiHeat]

yeah, I understand the TSA and police officers were behaving in an overzealous manner, I get it.

but still, why can't he just help them out? "Yeah guys, I got this money because I am a campaign whatever, and I have to do x and x with it. Here are my credentials."

they would have said, oh ok, have a safe trip, sir.

and that would be the end of it.

They ARE trying to protect us. I mean, yeah, they are going a little overboard, but they mean well. Just explain it.

Why act like an asshole and get all suspicious and silent? Why not tell them? Just cause, the principle? eh

i don't see it. just explain yourself and you are off on your way.

[MiamiHeat]

He really should have just answered the question, guys.

Really. He IS acting like a child.

[Winehole23]

yeah, I understand the TSA and police officers were behaving in an overzealous manner, I get it.

but still, why can't he just help them out? "Yeah guys, I got this money because I am a campaign whatever, and I have to do x and x with it. Here are my credentials."Suppose that Campaign for Liberty, for which Bierstadt was working, was on a watch list distributed by Missouri. If Mr. Bierstadt's association with Campaign for Liberty or the materials in his luggage related to it was what prompted TSA to question him, then his concern about self-incrimination was valid, as was his refusal to answer any question relating to his employment. Not only would his silence in that case have been valid, it would have been prudent and even wise.

Now suppose that Mr. Bierstadt was singled out for some reason totally unrelated to his employment. Mr. Bierstadt cannot be expected to have known this, and we know that in this case he did suspect that being stopped was somehow related to his job. Believing so, from an abundance of caution he chose not to say anything that might be incriminating. It was his right to do so; in his own mind at least, it was the prudent thing to do. We might think it foolish, and his concern might not have been well founded factually -- but in his own mind the case was otherwise.


Why act like an asshole and get all suspicious and silent? Why not tell them? Just cause, the principle? ehPretty much. You don't have to answer everybody who asks you a question, nor are you required to be nice about not answering, though in this case Mr. Bierstadt was nice -- it was the TSA agents who became snide and verbally abusive.

Mr. Bierstadt, in the snippet of questioning posted, was courteous; the TSA guys were the ones acting like assholes.

[Cry Havoc]

He really should have just answered the question, guys.

Really. He IS acting like a child.

It's not their business to know what he's doing with the money, and they have no reason to ask. Denying them an answer to a question when they are infringing on our liberties is not only "not childish", it's an excellent way to assert one's civil rights.

[Winehole23]

MH apparently prefers to give away his rights for nothing, to anyone with a badge. Unfortunately, this attitude is far from uncommon.

[Winehole23]

That was a little bit unfair: the most I can really say is that MH counsels others to waive their rights in order to keep the line moving.

[balli]

I'm pretty sure MH propagated the same dumbass opinion during a debate on searches conducted by border patrol agents. So you were probably right in saying:


MH apparently prefers to give away his rights for nothing, to anyone with a badge.

[ElNono]

Just booked a fly to Texas a few days ago. Now I noticed it asked for our DOB and a new 'secure passenger number' or some such, in a section devoted to TSA.
Hopefully this will reduce the wait times and help improve the system.
At the same time, I'm wonderig if they're going to start charging extra to obtain those numbers, and it's just another scam. We'll see over time I guess.

[MiamiHeat]

I will help law enforcement do their job. It's the AIRPORT!!

This isn't a stop on the street. He was in the airport, and in a post 9/11 world, it's important to help out.

Do you even realize that he wasted the officers and TSA people's time?

Do you completely ignore, that because he WANTS TO MAKE A CHILDISH POINT ABOUT HIS "RIGHTS".... he wasted their time? Time that could be spent looking for real problems? Nope.

Instead, he wants to be a martyr and prove a point, instead of just being civil and telling them. It's not a big deal. It's an airport.

[Winehole23]

I will help law enforcement do their job. It's the AIRPORT!!

This isn't a stop on the street. He was in the airport, and in a post 9/11 world, it's important to help out.

Do you even realize that he wasted the officers and TSA people's time?

Do you completely ignore, that because he WANTS TO MAKE A CHILDISH POINT ABOUT HIS "RIGHTS".... he wasted their time? Time that could be spent looking for real problems? Nope. On the contrary, TSA wasted the time of Mr. Bierstadt, and sought to pry into his personal business for no good reason. The TSA wasted scarce public resources on a man who was no threat to anyone's safety.

You say that Bierstadt asserting his rights was the waste of time and that his point was childish, but the fact was he did not know why he had been diverted for questioning and he did know that the state of Missouri had recently issued guidance linking pro-constitution political groups (such as he works for) with terrorism and violent extremism.

Therefore, he had a rational basis for believing he had been singled out for his political activities. Believing so, it was not childish to assert his rights, but reasonable and prudent. Bierstadt was under no obligation to help out the TSA, and it was reasonable for him to believe they were not being helpful to him.

It doesn't matter where the authorities stop you, MH. Your 5th Amendment rights don't cease in the airport, and there is nothing at all childish about asserting them for a good reason, a middling reason or no reason at all.

[Winehole23]

Americans actually using their rights apparently makes MH cranky about the inconvenience this may cause LE. Wah.

[Wild Cobra]

Americans actually using their rights apparently makes MH cranky about the inconvenience this may cause LE. Wah.
Some inconvenience is expected. treating someone as a threat because they have money... That's fucked up.

I guess he was only suppose to have hope and change...