|| 'If you touch my junk, I'll have you arrested' 4th Amd|
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
'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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