ACLU sues DHS over unlawful TSA searches

[justashooter 430]

One time where the ACLU is actually doing something good. Listen to the audio in the link at the bottom of the page; scary.

http://www.aclu.org/safefree/general...s20090618.html

Quote:

ACLU Sues DHS Over Unlawful TSA Searches And Detention (6/18/2009)

Treasurer Of Ron Paul's Campaign For Liberty Detained And Interrogated For Carrying Cash At St. Louis Airport

FOR IMMEDIATE RELEASE

CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The Transportation Security Administration (TSA) is subjecting innocent Americans to unreasonable searches and detentions that violate the Constitution, according to a lawsuit filed today by the American Civil Liberties Union. The ACLU filed the complaint on behalf of a traveler who was illegally detained and harassed by TSA agents at the airport for carrying approximately $4,700 in cash.

"Airport searches are the most common encounters between Americans and law enforcement agents. That's why it is so important for TSA agents to do the job they were trained to do and not engage in fishing expeditions that do nothing to promote flight safety," said Ben Wizner, a staff attorney with the ACLU National Security Project. "It is, of course, very important to ensure the safety of flights and keep illegal weapons and explosives off planes. But allowing TSA screeners to conduct general purpose law enforcement searches violates the Constitution while diverting limited resources from TSA's core mission of protecting safety. For the sake of public safety and constitutional values, these unlawful searches should stop."

On March 29, 2009, Steven Bierfeldt was detained in a small room at Lambert-St. Louis International Airport and interrogated by TSA officials for nearly half an hour after he passed a metal box containing cash through a security checkpoint X-ray machine. Bierfeldt was carrying the cash in connection with his duties as the Director of Development for the Campaign for Liberty, a political organization that grew out of Congressman Ron Paul's presidential campaign.

Bierfeldt was detained and questioned as he returned home from a Campaign for Liberty event transporting proceeds from the sale of tickets, t-shirts, stickers and campaign material. Bierfeldt repeatedly asked the agents to explain the scope of their authority to detain and interrogate him and received no explanation. Instead, the agents escalated the threatening tone of their questions and ultimately told Bierfeldt that he was being placed under arrest. Bierfeldt recorded the audio of the entire incident with his iPhone.

"I do not believe I should give up my constitutional rights each time I choose to travel by plane. I was doing nothing illegal or suspicious, yet I was treated like a potential criminal and harassed for no reason," said Bierfeldt. "Most Americans would be surprised to learn that TSA considers simply carrying cash to be a basis for detention and questioning. I hope the court makes clear that my detention by TSA agents was unconstitutional and stops TSA from engaging in these unlawful searches and arrests. I do not want another innocent American to have to endure what I went through."

"Mr. Bierfeldt's experience represents a troubling pattern of TSA attempting to transform its valid but limited search authority into a license to invade people's privacy in a manner that would never be accepted outside the airport context," said Larry Schwartztol, a staff attorney with the ACLU National Security Project. "Just as the Constitution prevents the police on the street from conducting freewheeling searches in the hopes of uncovering wrongdoing, it protects travelers from the kind of treatment Mr. Bierfeldt suffered."

TSA officials have the authority to conduct safety-related searches for weapons and explosives. According to the ACLU's lawsuit, TSA agents are using heightened security measures after 9/11 as an excuse to exceed their search authority and engage in unlawful searches that violate the privacy rights of passengers. The lawsuit also charges that unconstitutional searches and detention by TSA agents have become the norm.

The ACLU's lawsuit was filed against Janet Napolitano, Secretary of the Department of Homeland Security, which has authority over TSA. It was filed in federal court in Washington, D.C.

Attorneys on the case are Wizner, Scott Michelman and Allen Hopper of the ACLU, Art Spitzer of the ACLU National Capital Area and cooperating attorney Alan Gura of Gura and Possessky, P.L.L.C.

More information about the case, including the ACLU's complaint and an audio recording of Bierfeldt's detention and interrogation, is available online at: http://www.aclu.org/safefree/general...s20090618.html

Passenger says TSA agents harassed him

* Story Highlights

* Passenger questioned about large amount of cash

* He says the money was from sale of political merchandise

* ACLU is suing Homeland Security Secretary on behalf of passenger

* TSA says movement of large sums of cash may be investigated

By Jeanne Meserve and Mike Ahlers

CNN

WASHINGTON (CNN) -- Steve Bierfeldt says the Transportation Security Administration pulled him aside for extra questioning in March. He was carrying a pocket edition of the U.S. Constitution and an iPhone capable of making audio recordings. And he used them.

On a recording a TSA agent can be heard berating Bierfeldt. One sample: "You want to play smartass, and I'm not going to play your f**king game."

Bierfeldt is director of development for the Campaign for Liberty, an outgrowth of the Ron Paul presidential campaign. He was returning from a regional conference March 29 when TSA screeners at Lambert-St. Louis (Missouri) International Airport saw a metal cash box in his carry-on bag. Inside was more than $4,700 dollars in cash -- proceeds from the sale of political merchandise like T-shirts and books.

There are no restrictions on carrying large sums of cash on flights within the United States, but the TSA allegedly took Bierfeldt to a windowless room and, along with other law enforcement agencies, questioned him for almost half an hour about the money.

The American Civil Liberties Union has taken up Bierfeldt's cause and is suing Secretary of Homeland Security Janet Napolitano, whose department includes the TSA. Their complaint alleges that Bierfeldt was "subjected to harassing interrogation, and unlawfully detained."

Larry Schwartztol of the ACLU said the TSA is suffering from mission creep.

"We think what happened to Mr. Bierfeldt is a reflection that TSA believes passenger screening is an opportunity to engage in freewheeling law enforcement investigations that have no link to flight safety," he said.

Schwartztol believes many other passengers have been subjected to the same kind of treatment, which he claims violates constitutional protections against unlawful searches.

The TSA wouldn't comment on the lawsuit, but said in a statement that the movement of large amounts of cash through a checkpoint may be investigated "if suspicious activity is suspected."

Unbeknownst to the TSA agents, Bierfieldt had activated the record application on his phone and slipped it into his pocket. It captured the entire conversation.

An excerpt:

Officer: Why do you have this money? That's the question, that's the major question.

Bierfeldt: Yes, sir, and I'm asking whether I'm legally required to answer that question.

Officer: Answer that question first, why do you have this money.

Bierfeldt: Am I legally required to answer that question?

Officer: So you refuse to answer that question?

Bierfeldt: No, sir, I am not refusing.

Officer: Well, you're not answering.

Bierfeldt: I'm simply asking my rights under the law.

The officers can be heard saying they will involve the Federal Bureau of Investigation and the Drug Enforcement Administration, and appear to threaten arrest, saying they are going to transport Bierfeldt to the local police station, in handcuffs if necessary.

Bierfeldt told CNN he believes their behavior was inappropriate.

"You're in a locked room with no windows. You've got TSA agent. You've got police officers with loaded guns. They're in your face. A few of them were swearing at me."

But the officers did not follow through on their threats. Near the end of the recording an additional officer enters the situation and realizes the origins of the money.

Officer: So these are campaign contributions for Ron Paul?

Bierfeldt: Yes, sir.

Officer: You're free to go.

According to the TSA, "Passengers are required to cooperate with the screening process. Cooperation may involve answering questions about their property. A passenger who refuses to answer questions may be referred to appropriate authorities for further inquiry"

Bierfeldt contends he never refused to answer a question, he only sought to clarify his constitutional rights.

"I asked them, 'Am I required by law to tell you what you're asking me? Am I required to tell you where I am working? Am I required to tell you how I got the cash? Nothing I've done is suspicious. I'm not breaking any laws. I just want to go to my flight. Please advise me as to my rights.' And they didn't."

The TSA says disciplinary action has been taken against one of its employees for inappropriate tone and language.

http://www.cnn.com/2009/US/06/20/tsa...ies#cnnSTCText

Edited June 23, 2009 by justashooter

[almaty 19]

Bierfeldt is director of development for the Campaign for Liberty, an outgrowth of the Ron Paul presidential campaign. He was returning from a regional conference March 29 when TSA screeners at Lambert-St. Louis (Missouri) International Airport saw a metal cash box in his carry-on bag. Inside was more than $4,700 dollars in cash -- proceeds from the sale of political merchandise like T-shirts and books.

heard about that and no surprise..lambert airport , st louis, only employs the dumbest of redneck facists for their tsa agents...

[spookyturtle 9,465]

Bierfeldt is director of development for the Campaign for Liberty, an outgrowth of the Ron Paul presidential campaign. He was returning from a regional conference March 29 when TSA screeners at Lambert-St. Louis (Missouri) International Airport saw a metal cash box in his carry-on bag. Inside was more than $4,700 dollars in cash -- proceeds from the sale of political merchandise like T-shirts and books.

heard about that and no surprise..lambert airport , st louis, only employs the dumbest of redneck facists for their tsa agents...

Why do you hate rednecks?

[Otto 83]

[almaty 19]

Bierfeldt is director of development for the Campaign for Liberty, an outgrowth of the Ron Paul presidential campaign. He was returning from a regional conference March 29 when TSA screeners at Lambert-St. Louis (Missouri) International Airport saw a metal cash box in his carry-on bag. Inside was more than $4,700 dollars in cash -- proceeds from the sale of political merchandise like T-shirts and books.

heard about that and no surprise..lambert airport , st louis, only employs the dumbest of redneck facists for their tsa agents...

Why do you hate rednecks?

just missourians,,,and most of them are rednecks...

[scandal 951]

ACLU is actually doing something good.

WEATHER FORECAST FOR HELL:

20 BELOW WITH A WIND CHILL

[Saddle Bronc 124]

Haven't-A-CLUe protesting about tactics used by clueless morons of TSA?

[Trumplestiltskin 5,791]

TSA got in trouble a while back when some of its employees were found to be stealing things from people's luggage. They used to put a card in the suitcase telling you that your stuff had been searched and that if anything was lost or damaged that they were not responsible.

[NickD 203]

I vehemently complained to both my senator and congressman when they did a strip search on my wife, daughter, and even my mother-in-law with no justifiable reason. Their luggage was in scambles.

With my wife and daughter, that only happened when they first came here, welcome to the USA, since then, I travel with them with no problems, but I will risk jail by breaking necks if they pulled that sh!t. Really bugs me when they let Arabs pass but pick on white people. With my mother-in-law, she came alone for a visit, but never wants to come back here after that terrible humiliating experience. She says, Nick, you come visit me.

I embarrassed my wife when I started yelling and screaming about having to wait another three hours for yet another luggage inspection when we already went through that before we boarded the plane, but controlled my temper just enough not to get detained. So why are they giving us access to our luggage again, and have to haul it three blocks to be inspected again? Then wait in those ungodly super long lines? Are the real terrorist really that stupid to take the airlines when they have thousands of miles of unprotected borders to cross?

All for safety, but we have idiots running this country.

[Ban Hammer 13,342]

I vehemently complained to both my senator and congressman when they did a strip search on my wife, daughter, and even my mother-in-law with no justifiable reason. Their luggage was in scambles.

With my wife and daughter, that only happened when they first came here, welcome to the USA, since then, I travel with them with no problems, but I will risk jail by breaking necks if they pulled that sh!t. Really bugs me when they let Arabs pass but pick on white people. With my mother-in-law, she came alone for a visit, but never wants to come back here after that terrible humiliating experience. She says, Nick, you come visit me.

I embarrassed my wife when I started yelling and screaming about having to wait another three hours for yet another luggage inspection when we already went through that before we boarded the plane, but controlled my temper just enough not to get detained. So why are they giving us access to our luggage again, and have to haul it three blocks to be inspected again? Then wait in those ungodly super long lines? Are the real terrorist really that stupid to take the airlines when they have thousands of miles of unprotected borders to cross?

All for safety, but we have idiots running this country.

[doodlebugg 10]

Really bugs me when they let Arabs pass but pick on white people.

you mean like this arab? yeah they let him pass real easy...

http://www.visajourney.com/forums/index.ph...=138128&hl=

[Kathryn41 3,205]

Be careful with making generalized remarks about other races - you can know the specifics of your own situation but don't have the information to make blanket statements regarding how others are treated in the same situation. Such comments can be interpreted as racist.

[Trumplestiltskin 5,791]

The TSA search programs are mostly for show anyway.

[Saddle Bronc 124]

Be careful with making generalized remarks about other races - you can know the specifics of your own situation but don't have the information to make blanket statements regarding how others are treated in the same situation. Such comments can be interpreted as racist.

******** HIJACK ********

Are blanket statements about USCIS (and other parts of DHS) ok (since most VJ'ers have at least one negative about them)

******** END HIJACK ********

Edited June 23, 2009 by CherryXS

[Trumplestiltskin 5,791]

The USCIS isn't a "race", though I suppose someone could draw some connection between squinty eyed bureaucrats and scabby, troglodytic mole people.