Tuesday, November 20, 2012

'Flagged by Big Brother'


Dec. 21, 2010 bag checks at Braddock Rd. via @deafinthecity.

From anonymous:
I entered the Bethesda Metro after work the other week. As I came to the bottom of the escalators in a crowd of commuters, a security official caught my eye and waved me over to what I'll call the "TSA table."

I complied although another security person a few paces away made sure to remind me!

Having never seen this setup before, I asked amiably if it had something to do with the election.

One replied (and I later learned) that they've been doing this for awhile.

My bags were swabbed down while I waited. After the swab tested positive in their little machine for possible explosive material, several more security personnel were called over to the table. There must have been five or six security people gathered around me. I'm not sure if all of them were TSA, but all seemed armed.

They somewhat awkwardly swabbed my bags down again, and I was told the dog would check my bag before being escorted to the other side of the tunnel where two officers began asking me whether I'd come in contact with hand sanitizer, etc.

They also began writing down my personal information: name, address, phone, place of employment, job title. One officer asked to see my ID. I told him it was in my bag on the other side of the tunnel where they'd left it, and he laughed embarrassed. "Oh, yeah, everyone says that," he said.

They seemed suspicious when I told them I had an out-of-state area code for my cell phone.

After questioning, I was lead back to the TSA table where the embarrassed officer poked through my bags, then let me go.

The officers had this weird mix of friendliness, awkwardness and scrutiny. The whole ordeal was pretty creepy, especially considering the government's ability to detain citizens indefinitely under the NDAA.

Had I known my rights, I might have had more courage to protest this search. Now I'm just left feeling unnerved by the thought that I've been "flagged" by Big Brother.

Comments (36)

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There's a lot I could respond to here, but in DC (and the immediately surrounding areas) of all places, how does anyone think that an out-of-state area code is suspicious?
Do you have reasonable suspicion to stop me? No? Fuck off, I'm getting on the train.
2 replies · active 642 weeks ago
Would you say the same thing while boarding an airplane?
I think, with you having said that, they would very much have reasonable suspicion to stop you.
Red Line 's avatar

Red Line · 642 weeks ago

These explosive detectors are not very reliable. I've been deterred at the airport because they suspected my suitcase "had bombs," and their detectors indicated everyone else's suitcases "had bombs" too.

Innocent until PROVEN guilty, remember? They shouldn't be detaining people because their crappy technology indicates the possibility of explosive technology, which may also be hand sanitizer residue.
They're actually quesitonable the other way too -- I went to the gun range before flying back from Texas and figured I'd get flagged by the machine (I always got for the pat downs instead of the scanners).

Nothing, despite shooting hours earlier.
WMATA can't stop teenagers from commiting murder in the metrorail system. What makes them think they can stop terrorism??
2 replies · active 642 weeks ago
Ever n Anon's avatar

Ever n Anon · 642 weeks ago

Amen! And what happens when their official dog smells the scents of the multiple dogs I own?
You blame metro for the stabbing? I would much rather blame the parents.
Because no-one ever comes in contact with hand sanitizer in the winter to avoid getting sick...
name: Michelle Obama
Address: 1600 Pennsylvania Ave
.
.
ID? go to hell. (especially since you are not required to have one in DC)

The TSA has zero legal authority. The only thing they can do is say you can not pass the checkpoint, which arguably gives them authority in fact but no legal standing. Sure, they can ask you stuff .... just like anyone can ask.
Loudoun Commuter's avatar

Loudoun Commuter · 642 weeks ago

If stopped by these people while in Metro and asked to consent to a search, I will simply refuse to comply. Under no circumstances will they search me, see my ID, get my name, or find out my address or telephone number.

Remember - their only recourse if you refuse to comply with their legally questionable demands is to ask you to leave the Metro system. (And there's nothing that prevents you from using a different entrance if at places like Union Station, or from just walking one stop down and getting on Metro at a different station.)
5 replies · active 642 weeks ago
I think the main weapon in this battle is information. I appreciate the info -- what are the specific laws and rights that you're quoting, in case I should need to know them?
Fourth Amendment to the United States Constitution:
"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"

Bottom line is that police cannot search your person, bags, or home without consent, probable cause, or a warrant. Refusing to consent to a search is not grounds for establishing probable cause.
The TSA do not legally have the right to detain you any more than some random stranger does.

They like to say they do but they are pretty much on the level of rent-a-cops in that regard. If they lock you in a room or something you can sue.
"or from just walking one stop down and getting on Metro at a different station."

Not much of an option at most of the suburban stations
The thing is that although they cannot detain you, they can call the police to detain you, and although the police are not 'supposed' to use refusal to consent to a search as a basis for suspicion, the police can take the TSA statement that you are acting suspiciously as basis to question you. If an officer decides to frisk you (a "pat down") search, you are required to comply.

Basically, you can't stop them from having you arrested. A court may determine the arrest was illegal/unsubstantiated later, but you can't prevent them from abusing your rights.
i've walked into stations where they're engaging in security theater and turned around and walked right back out and gotten on the train at the next one.

OT: dunno if this is a good or bad thing.....
http://www.washingtonpost.com/local/trafficandcom...
1 reply · active 642 weeks ago
IdiotPolice's avatar

IdiotPolice · 642 weeks ago

What about bunch idiots you commenters are? Have you forgotten 9/11/01 -- this is done for your safety. Yes those detectors are uber sensitive but they serve a purpose. Yeah go ahead and challenge those guys and see what happens. It makes you look suspicious when you refuse, just like the idiots who drive drunk and refuse to test usually come back drunk.

So if the next attack happens in the metro, you will think back to the time you were being "harrassed". Also TSA does have legal authority. Do your homework people! Its a sad society we live in when you refuse a government official of searching.

Also the dogs are highly trained and do not go off at the smell of multiple dogs.
3 replies · active 642 weeks ago
I can only assume you are posting ironically.
1) As people have listed too many times to count there are plenty of ways to slip through this 'security'. It will not deter a potential terrorist at all. By people thinking this makes them safe they let their guard down and are LESS safe than if it was not done at all. Some parts of it especially artificially make for unsafe conditions, like creating a crowd around the security table.

2) Sure, I will be MORE than happy to refuse if I ever run in to them. BTW, I am the person that says 'I opt out' when confronted by a nude-o-scope at airports and stand my ground. Who cares if the brownshirts, umm, TSA think I am 'suspicious'?

3) No, they do not have legal authority. They are there at the invite of the management of the facility (the WMATA) so as such can refuse you entry. The TSA can not detain you or do anything other than call the cops if you leave.
FreeAmerican's avatar

FreeAmerican · 642 weeks ago

1. Have you heard of time? One of the units of time is a decade. Out had been more than a decade since 9/11/1. Do we forget? No. Do we allow our rights and freedoms to be curtailed by the fear that something that happened over a decade ago will happen again? Please let me remind you: these rights and freedoms are what make our nation so great to be a part of, and so despicable to terrorists.
Please try to get over your cowering and think for yourself. Allowing your freedom to be hampered does a disservice to yourself, your community, your country, and democracy.

2.Your assumptions about probable cause are incorrect. Even the same entity that would allow random searches has determined that maintaining one of your rights add a citizen is not probable cause.

3. Dogs can be provoked to false alert. Not only that, but the handler determines what an alert looks like--would you or I know the difference between a false alert and a legitimate one? I would not.

Please get over your fears and educate yourself about your rights. Use 'em or lose 'em.
Stan Dessel's avatar

Stan Dessel · 642 weeks ago

Look at the nice doggy. Here boy!

You're welcome!
If I didn't know you were at a station this could of easily described anyone's experience at any airport. Sucks but security theater is only good for two things. Cover your ass legal moves and a jobs program. Just refuse to be searched and continue. If they stop u, take pictures and write to a newspaper about how you were harassed
hrh king friday 13's avatar

hrh king friday 13 · 642 weeks ago

And then Heidi Klum blew glitter on him.
UnSuck Fan's avatar

UnSuck Fan · 642 weeks ago

I probably don't know jack, but even though it isn't explosive materials related, couldn't there be a lot of crap floating through the air in & around Metro itself? Brake dust, etc.?
The Metro "TSA table" has caught as many terrorists as the airport TSA workers have: zero.
wait until the homeland security facial recognition cameras are put on line!!!
The truth's avatar

The truth · 642 weeks ago

The truth in matter the biggest security threat in amoung it many WMATA employes whom fail to show there own person I.D. to enter there work loction each day. MTPD spend waste time each day responeing many WMATA locations Rail , Bus Yards and MTPD reports matter to assigned officals are rarely take any action , and remember the "Test Drive" that nut drove out bus divsion few years back. Let see when another event will accure. The MTPD on avg and Security Person attemt do best they can each day, but politics and yes many WMATA Officals Are "Pimped Out" to enforce rules due ATU 689 grivances !
1 reply · active 642 weeks ago
Sorry.....No Hablo Espanol.

Seriously. WHAT??!!
I wonder what they would do if I tried to pass the table while wearing my McGruff costume?
1 reply · active 642 weeks ago
ScruffMcOuch's avatar

ScruffMcOuch · 642 weeks ago

Watch for bus drivers.
"(T)wo officers began asking me whether I'd come in contact with hand sanitizer, etc."

REALLY? It's cold and flu season! I carry hand sanitizer in my bag every day and use it multiple times a day, especially if I have to hold on to the Metro poles without gloves. Hope I can read UnSuck in whatever secret prison they throw me in...
I suggest that everyone consider buying the DVD entitled "BUSTED: The Citizen’s Guide to Surviving Police Encounters" sold by a 4th Amendments Rights Group here in DC. They address how to respectfully decline consent when confronted by a police officer or wannabee TSA agents. See http://www.flexyourrights.org/busted/

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