Saturday, June 30, 2012


(this page has just become a collection of links and ideas to be used elsewhere)

Move to TSA airport genital groping

Move to gay male TSA groping

Move to male on female “mandatory” TSA groping

Move to California and New York federal courts on male prison guards groping females – 11 circuit said violates 8 the Amendment – New York area courts I think allowed groping to avoid conflict with federal job non-discrimination statute (what would legislators who voted for that have thought?)
If the courts have been coming down on the side of barring male prison guard on female frisking on a constitutional basis, then, I can draw a very interesting parallel between that and the TSA policy and the local male police officer practice of intimately frisking women.

Move to local police male on female frisking;
Three videos of police sexually groping females with no realistic safety issue whatsoever:
They think nothing of it:
They even practice teenage boys on teenage girls:

If somebody, somewhere does not begin to oppose the steady withering away of freedom from unreasonable search, the Fourth Amendment could eventually disappear everywhere: just a version of Parkinson’s law of bureaucracies. 

A widely reported AP story at the time scanners were being introduced at the airport – “Full-body Scanners Popping Up at Courthouses” – contained this in the body:
“Angela Hellenbrand received a quick pat-down Tuesday by security guard Mike Couts at the Castle Rock courthouse about 30 miles south of Denver.  A guard in another room monitoring the full-body scans alerted Couts to an object in Hellenbrand’s left-rear pocket.  It was the paper backing of a ‘Junior Deputy Sheriff’ sticker that one of the guards had given her two young boys.”

Coming to a courthouse – or a neighborhood; or a train station or a school -- near you?

No amelioration of indignity described in Terry for a man – none at all for the horror of sexual battery for a woman;
No case yet testing police sexually battering a woman – court cannot originate, must wait for a “test case” (in case you think this has been tried before
If male police do not consider this sexual battery because "they are professionals doing a job ('we are like doctors!')", then, if their teenage daughter is frisked over every square inch by a private security guard at her high school every day that is not sexual battery because "he is a professional doing a job."
If the "professional" business had any validity, then, we would not need Terry in the first place because no indignity would be suffered by persons who are frisked because police are "professionals doing a job."
Latest comparison: by today's police "we are professionals doing a job" logic for negating any concern for what would otherwise be considered gross sexual battery, a male school principal could ethically hand spank their 15 years old daughters over their gym pants.  Most people I know would be concerned about sexual abuse if a male principal spanked a girl with a paddle -- but police should not because "he is a professional doing a job."

Move to TSA X-rated scanners;
Male sneaking to see females – children;
Can feds make exception to federal child porn law – if balance violates 4th Amendment?;
Can feds make exception to local assault or voyering laws?;
Only way for courts to address these questions is to give them cases to adjudicate.

Remember British WWII going to Shakespeare during Blitz: "They are not going to change the way we live."


I remember when I was in my twenties in Chelsea, walking in an empty back street somewhere above 14th street (had to be a weekend; there are no empty back streets in Chelsea now) with a can of soda in my jacket pocket – big and obviously heavy.  A police car passed on the other side of the street, took a take on my bulge and went on the way.

Police cannot stop everybody who might possibly have a gun.  Otherwise we don’t have a free country anymore and every adult will feel like they are living in some crazily strict high school.  That is the sense of the Fourth Amendment.

If this were a sensibly run country, when you stepped into the TSA X-ray machine you would push a toggle switch for the gender you wished to seen stripped by – your naked outline going to a remote room staffed only by your own sexes TSOs.  How high-tech would that be?

Under that sensible modus, were a sick male TSO to hear of a girls soccer team going through scanners and be caught sneaking over to the female viewing room for a look, he would certainly be arrested on multiple charges including viewing child pornography. This scenario should lay to rest any question of whether the scanners are a real strip search and whether adult males viewing children's naked outlines are really viewing child porn.
Ditto, if gay male TSOs were sensibly banned from groping every square inch of male bodies all day at the airport.  If one such snuck in to grope in incoming basketball team he would certainly be arrested for sexual battery.

The letter of the law: 4.3.14. OPPOSITE GENDER SCREENING … … B. The STSO must ensure that the following notice is provided … 1) A TSO of the same gender as the individual presents him or herself to be is not available. … … 4) Once the individual enters the WTMD, the individual must complete the screening process.

Can federal administrative law make viewing child porn at the airport not a federal crime? Arguably, that's the same as asking if Congress – which made child porn viewing a crime – can make it not a crime for TSOs at the airport?

Can federal administrative law make sexually battering a woman at the airport not a state crime? That should be like asking if Congress can make physically battering a woman not a crime for TSOs at the airport? Federal courts have not show much interest in male LEOs routinely (w/o immediate danger) frisking females as a constitutional issue [ ].  Would seem a lot harder to duck protecting women as a criminal law issue.

While legislatures are at it they can shoulder tap their local law enforcement – which currently seems to feel free to routinely sexually batter females, at least from what I read and see (videos below) on the net – though I have not seen it in person.

Officer safety? First, an arrested woman would have to do the Houdini and slip her restraints and then do the Incredible Hulk and rip aside the police car partition.  Guns may be checked for without touching anything.

Probable cause cross-gender search of a female supposedly okayed by Terry: We are professionals doing a job – we are like doctors? The indignity described by Terry that a stop-and-frisk subjects a male to is in no way ameliorated by the fact that cops are professionals doing a job. Neither does that ameliorate the harm of sexual battery. Wait for a female officer or cuff them and take them in (probable cause).

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