Integrity Legal

It recently came to this blogger’s attention that a screener for the Transportation Security Administration (TSA) has been arrested in connection to charges stemming from child pornography. To quote directly from Philly.com:

A passenger screener at Philadelphia International Airport is facing charges that he distributed more than 100 images of child pornography via Facebook, records show.

Federal agents also allege that Transportation Safety Administration Officer Thomas Gordon Jr. of Philadelphia, who routinely searched airline passengers, uploaded explicit pictures of young girls to an Internet site on which he also posted a photograph of himself in his TSA uniform.

The administration of this web log highly encourages readers to click upon the hyperlinks above to read further from this story in order to gain perspective.

This arrest comes amidst calls from State and Federal legislators to reign in the activities of Transportation Security Administration personnel as such activities are coming to be increasingly viewed by many as arbitrary, capricious, and quite possibly in violation of Constitutional protections designed to protect the inalienable rights of United States Citizens. To quote directly from myfoxdfw.com: 

DALLAS – Full body pat-downs at airports are under heavy scrutiny in Austin. Representative David Simpson of Longview is sponsoring a bill that would make it illegal for Transpiration Security Administration agents to enforce full body searches without justification. The agent conducting the enhanced pat-down could face a felony charge and jail time. “We’ve got a draw a line somewhere,” Simpson said. “We’ve got young children, autistic children, seperated from their mother saying, ‘Stranger danger! Stranger danger!’ Man, oh boy. We’re teaching our children it’s indecent. It’s wrong to let these people in these areas except for a doctor.”

The administration of this blog asks readers to click upon the links above to view this story in further detail.

Texas is not the only sovereign American State to question the methodology of the Transportation Security Administration as this blog previously reported that some New Hampshire State legislators are attempting to take measures to curtail the TSA’s activities. An update on that story can be found by quoting directly from the website WHDH.com:

MANCHESTER, N.H. — A new proposal in New Hampshire would make some controversial TSA security exams a crime. The bill, which is clearly aimed at the Transportation Security Administration, would make an invasive pat down at the airport felony sexual assault unless the screener has probable cause to do the search. “We’re telling the TSA, if they violate our laws and they sexually assault our citizens, we’re going to do something about it,” said Rep. George Lambert, legislation co-sponsor.

In the recent past it appeared as though only State legislators were scrutinizing this issue intensely, but it recently came to this blogger’s attention that State legislators have been joined by a Federal legislator in calling for a rollback of what are perceived to be invasive and questionably Constitutional tactics currently employed by the Transportation Security Administration (TSA). To quote directly from Townhall.com:

In the latest battle of David vs. Goliath, Rep. Jason Chaffetz is taking on the TSA again, this time against the backdrop of a revolting video showing a TSA pat-down of a 6-year-old girl. Chaffetz has introduced a bill that would call for parental consent before minors are subjected to pat-downs at airport security. A parent would also be allowed to be present for the pat-downs. According to Utah’s Daily Herald, Chaffetz’s 15 year old daughter was forced to undergo a private pat-down without parents present. The bill, just introduced, does not specify what would happen if a parent refuses consent for a pat-down of a minor. Chaffetz has challenged the TSA several times on invasive and unproven security procedures like the full body scan machines and the detailed pat-downs, but TSA continues to be inconsistent in their policy implementations. Back in November, the agency said that there would be modified pat-downs for children under 12, since there was no intelligence — even internationally — that children that age were being used in terrorist attacks. However, the video circulating the internet shows no body areas of the 6-year-old girl were off limits in the frisking.

Those reading this blog are encouraged to click on the hyperlinks above to view this story in detail.

Readers interested in seeing the video of the groping of the 6 year old child alluded to above are encouraged to click HERE.

In light of all of the events and issues noted above this blogger would ask the reader to take the time to read the following:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

How are “random” searches reasonable? Under the specific facts seen in the video above, how is it reasonable to assume that it is okay to grope a six year old child without probable cause? Where is the rule of law? Meanwhile, are any of these searches occurring pursuant to a warrant based upon probable cause and supported by an oath or affirmation? If not, then under what authority are these searches occurring?

In response to the incident involving the child the TSA web log noted:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

This blogger cares very little for the justifications being posed by the TSA on this point as they are simply naked assertions which are not based upon anything other than the TSA’s unilateral opinion. Under the United States legal system the “current standard operating procedures” are always to be in compliance with the 4th Amendment, especially if a search concerns an American Citizen. If they are not in compliance with the 4th Amendment and the US Constitution, then such procedures are, in this blogger’s opinion: unlawful. Hopefully TSA will rectify their behavior as it seems likely that further tensions could arise as State and Federal legislatures along with local authorities take it upon themselves to protect the civil liberties of their Citizenry and constituents. It is hoped that these issues will be resolved to the benefit of all concerned, but clearly issues surrounding American Citizens’ right to freedom from unreasonable search and seizure must be dealt with in order to uphold the American Peoples’ Constitutional protections.

For related information please see: Necessary and Proper Clause.

Tags: 4th Amendment, child pornography, Facebook, New Hampshire, Pennsylvania, Philadelphia, Representative David Simpson, Representative Jason Chaffetz, Search and Seizure, Texas, Transportation Safety Administration Officer Thomas Gordon Jr., Transportation Security Administration, TSA, TSA uniform, unresonable search and seizure, US Constitution
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