Show Me Your Papers
The events below occurred on June 2nd at the Manchester, New Hampshire Airport; below are the notes that I took after the event occurred. Again, these are notes that I took after the event at the airport...
I arrived at the TSA Security Checkpoint at Manchester (MHT) airport at roughly 8:30 AM this morning. When I was asked for my boarding pass and photo-id I gave the agent my boarding pass only. He asked for my photo-id. I asked what would happen if I refused to give it to him. He replied “You have to.”
I asked, “can you show me the law that states that have to, because that request seems to contradict my 4th Amendment right?"
His attitude quickly changed from being Mr. Nondescript TSA agent, monotonously asking Joe Schlep for their ID, to being put on the defense. His tone changed from monotone, to something exhibiting actual inflection as he picked up his walkie-talkie.
He told me that I would be subject to a “patting down” and that my bags would be thoroughly searched. I told them I was fine with that, but that I still didn't see what gave them the them the right to do even that. Consequently, my musing went unanswered.
The TSA agent then proceeded to write down “SSSS” along the top of my ticket and called for backup.
Two additional TSA agents came over and asked if I didn’t have my ID and if that was why I wasn't going to show it.
I told them that I had, on my body, two forms of ID, but not only is it it against my 4th amendment right for them to demand it, it's not required by NH law. Without a warrant or probable cause I did not by law have to give them my ID.
So, I was asked to step into the three walled, Plexiglas cage between the security lines. I stood in there for roughly 10 minutes before being asked to step out for my complimentary “pat down”. The agent who was assigned to feel me down started by asking me to spread my arms, palms facing upwards and proceeded to commence “pat down”. Several times during the process, the agent asked me if I'd like a private screening. To this I would reply “No, thank you, I want everyone out there to see what you're doing to me in here”
Outside of the cage, several TSA agents looked at me, talked to each other and began the process of unceremoniously dumping the contents of my bags out onto stainless steel tables.
After having been adequately manhandled by TSA agents according to government minimum manhandling standards, three Londonderry officers approached me from outside of my plexi glass cage. One strapping young lad asked me for my ID. I asked him why he was asking me for my ID.
He stated that there was probable cause because I had refused show it to the TSA agents.
I asked what the probable cause was as well as if he could tell me what RSA empowered them to ask for my ID when I had not broken any constitutional law.
Watching the exchange between myself and the strapping officer, one salt and pepper haired officer present became obviously, emotionally upset. He shook his head and unable to hold his tongue, exclaimed in a distressed manner that I just “had to” show them my ID. Because I “had to”.
At this point, his superior (Sergeant) told him that I didn't. The officers left, Sergeant stayed behind to chat me up.
I was told by Sergeant that I would be cleared by security (although it was another 30 minutes after that before I was actually released) and Sergeant kept me company during that thirty minute wait. I was told that Southwest would be notified of the the situation and the decision to allow me to board would be theirs. What a quaint notion! The decision of who to allow to board the plane would be that of the airline that owns the plane!
The threat loomed that Southwest might not let me board, so said Serg. Yikes.
In my remaining moments being detained, and with the Sergeant to keep me company, I asked if he would be willing to clarify a few things for me. He was agreeable to my request.
I asked Serg to explain to me if he would, the point of having TSA present at all if I was being allowed to board the plane without having had my ID checked by TSA or local enforcement.
If “proving” my identification was a federal “requisite” wasn't it was actually a detriment to the security of Southwest to have TSA present at all considering I had just in fact been granted boarding status by Southwest?
I explained to Serg that I felt the contract to travel was between myself and Southwest airlines. That I had no qualm with Southwest wanting to check my bags or my ID but it was a matter of principle not to capitulate to an unconstitutional demand.
Subsequently, the agents and local LEO were all polite (except for officer Salt & Pepper). One officer and I had a discussion on capital punishment, jail time, etc. In the few minutes we chatted, I told him the Ben Franklin quote:
It’s been 30 minutes (if you are wondering, I have a habit of arriving 2-3 hours ahead of my departure time) since I’ve been “released” by local LEO and TSA. One of the TSA agents comes up to me and tells me he forgot to punch the hole in my boarding pass and that he needed to do that otherwise they (Southwest) might send me back to screening. Lovely.
All said and done...I boarded the plane, flew to my destination and a week later boarded again and came home.
I arrived at the TSA Security Checkpoint at Manchester (MHT) airport at roughly 8:30 AM this morning. When I was asked for my boarding pass and photo-id I gave the agent my boarding pass only. He asked for my photo-id. I asked what would happen if I refused to give it to him. He replied “You have to.”
I asked, “can you show me the law that states that have to, because that request seems to contradict my 4th Amendment right?"
His attitude quickly changed from being Mr. Nondescript TSA agent, monotonously asking Joe Schlep for their ID, to being put on the defense. His tone changed from monotone, to something exhibiting actual inflection as he picked up his walkie-talkie.
He told me that I would be subject to a “patting down” and that my bags would be thoroughly searched. I told them I was fine with that, but that I still didn't see what gave them the them the right to do even that. Consequently, my musing went unanswered.
The TSA agent then proceeded to write down “SSSS” along the top of my ticket and called for backup.
Two additional TSA agents came over and asked if I didn’t have my ID and if that was why I wasn't going to show it.
I told them that I had, on my body, two forms of ID, but not only is it it against my 4th amendment right for them to demand it, it's not required by NH law. Without a warrant or probable cause I did not by law have to give them my ID.
So, I was asked to step into the three walled, Plexiglas cage between the security lines. I stood in there for roughly 10 minutes before being asked to step out for my complimentary “pat down”. The agent who was assigned to feel me down started by asking me to spread my arms, palms facing upwards and proceeded to commence “pat down”. Several times during the process, the agent asked me if I'd like a private screening. To this I would reply “No, thank you, I want everyone out there to see what you're doing to me in here”
Outside of the cage, several TSA agents looked at me, talked to each other and began the process of unceremoniously dumping the contents of my bags out onto stainless steel tables.
After having been adequately manhandled by TSA agents according to government minimum manhandling standards, three Londonderry officers approached me from outside of my plexi glass cage. One strapping young lad asked me for my ID. I asked him why he was asking me for my ID.
He stated that there was probable cause because I had refused show it to the TSA agents.
I asked what the probable cause was as well as if he could tell me what RSA empowered them to ask for my ID when I had not broken any constitutional law.
Watching the exchange between myself and the strapping officer, one salt and pepper haired officer present became obviously, emotionally upset. He shook his head and unable to hold his tongue, exclaimed in a distressed manner that I just “had to” show them my ID. Because I “had to”.
At this point, his superior (Sergeant) told him that I didn't. The officers left, Sergeant stayed behind to chat me up.
I was told by Sergeant that I would be cleared by security (although it was another 30 minutes after that before I was actually released) and Sergeant kept me company during that thirty minute wait. I was told that Southwest would be notified of the the situation and the decision to allow me to board would be theirs. What a quaint notion! The decision of who to allow to board the plane would be that of the airline that owns the plane!
The threat loomed that Southwest might not let me board, so said Serg. Yikes.
In my remaining moments being detained, and with the Sergeant to keep me company, I asked if he would be willing to clarify a few things for me. He was agreeable to my request.
I asked Serg to explain to me if he would, the point of having TSA present at all if I was being allowed to board the plane without having had my ID checked by TSA or local enforcement.
If “proving” my identification was a federal “requisite” wasn't it was actually a detriment to the security of Southwest to have TSA present at all considering I had just in fact been granted boarding status by Southwest?
I explained to Serg that I felt the contract to travel was between myself and Southwest airlines. That I had no qualm with Southwest wanting to check my bags or my ID but it was a matter of principle not to capitulate to an unconstitutional demand.
Subsequently, the agents and local LEO were all polite (except for officer Salt & Pepper). One officer and I had a discussion on capital punishment, jail time, etc. In the few minutes we chatted, I told him the Ben Franklin quote:
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."(after thought...funny that this quote is on my personal business card!)
It’s been 30 minutes (if you are wondering, I have a habit of arriving 2-3 hours ahead of my departure time) since I’ve been “released” by local LEO and TSA. One of the TSA agents comes up to me and tells me he forgot to punch the hole in my boarding pass and that he needed to do that otherwise they (Southwest) might send me back to screening. Lovely.
All said and done...I boarded the plane, flew to my destination and a week later boarded again and came home.
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Submitted by Webmaster on June 9, 2008 - 7:19pm.

