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Unalienable Rights Foundation - 'If you touch my junk, I'll have you arrested' 4th Amd
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 'If you touch my junk, I'll have you arrested' 4th Amd

UnAlienable Rights

Can sexual assault be made a condition of flying?

Is this a 4th amendment case?

How does a random search of a person’s person qualify under probable cause?

'If you touch my junk, I'll have you arrested'

Flier becomes instant folk hero for refusing airport molestation.

"I don't understand how a sexual assault can be made a condition of my flying," said 31-year-old John Tyner to a pair of Transportation Security Administration officials insisting on giving him a "groin check" before boarding his plane.

Tyner’s question is a good one but there is a more basis question at hand. How does a random search of a person’s person qualify under probable cause?

What the 4th amendment says:

Security from Unwarrantable Search and Seizure. -- 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. U.S. Constitution U.S. Con. 4th Amd. (1791).

"The probable-cause standard is a "nontechnical conception that deals with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act." Maryland v. Pringle, 540 U.S. 366, 370 (2003) (internal quotation marks omitted).

"...absent specific facts... insufficient to establish probable cause . . . . Maryland v. Pringle, 540 U.S. 366, 366 (2003).

Tyner was scheduled to fly this weekend out of San Diego International Airport when he was pulled from the security line at the metal detectors and told he would be either subjected to one of the TSA's full-body scanners – which reveal a virtually nude image of passengers – or a full-body "pat-down," including an inspection of his inner thigh.

Discomforted by the invasive procedures and the thought of a security officer touching his genitals, Tyner made a joke that has since made him an instant Internet folk hero:

"If you touch my junk, I'm gonna have you arrested."

Tyner's words have since resonated in dozens of online comments and thousands of views on YouTube, for the comment – and the controversial discussion that followed – was recorded by Tyner's cell phone.

Though the phone was with his belongings, and thus only caught audio of his confrontation with TSA officials, the camera's footage is posted on a blog Tyner created detailing the incident and viewable below, with his "touch my junk" comment and ensuing confrontation beginning at roughly the 3:45 mark:

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