Monday, November 22, 2010

May TSA frisks you to deter others? -- female rape victim intimately frisked by MALE agent in Chicago -- what the Constitution says about it all

May TSA force you -- via $11,000 fine -- to submit to an admittedly no probable cause frisk to deter others from shopping airport checkpoints? May the Chicago police randomly frisk you in the neighborhood to deter others from carrying guns? The latter at least would yield a gigantic benefit – but the Constitution has some pointed things to say about both.

Rape survivor devastated by enhanced pat down by a male TSA agent at a Chicago airport. 30 years ago Chicago women drivers feared being taken to police stations for strip searching (were men watching?) for minor traffic violations. $50,000 settlements put an end to those violations. Every male/female TSA grope victim should be entitled to more.

This rape survivor deserves justice – civil or even criminal. While law enforcement across the country hasn’t gotten around to recognizing non-emergency male/female frisking (genital groping probably uniquely in the TSA case) as a violent sexual felony (same sex frisk “only” policy) -- the FBI should at least investigate if there was any (recognizable felony?) collusion at the Chicago airport and every other place this sickness has happened (there are several news reports).

TSA chief John Pistole must be loudly asked if there is an absolute rule against cross sex frisking – as the only way to make sure there is an absolute rule at this stage of general law enforcement misjudgment.

If non-genital groping isn’t allowed (if a tempting thought) to make the most dangerous neighborhoods how can video strip searching (male/female impossible?) and genital groping be justified across the board even if it saves 200 lives a year.

It is actually possible that some half-hearted home-grown terrorist might not try to bring down a plane he would have because not organized enough to stuff his or her bomb where the sun don’t shine – or to recruit a 300 pound accomplice to tape same between the cheeks – or just fly out of country to fly back in (wonder if Al-Qaeda is organized enough to do that). You can argue about the practicality of extreme searching a billion people a year preventing that, but I think the Constitution has some pointed things to say about it.

PS. Passengers who opt out of flying to drive are getting killed at 10X the rate by drunken drivers.

No comments: