NH Proposed Law Would Criminalize TSA Screeners Who Forbid Recording Of Checkpoints

January 3, 2012 @ 4:58PM

NH Proposed Law Would Criminalize TSA Screeners Who Forbid Recording Of Checkpoints

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Transportation Security Administration screeners may be criminally charged if they deny passengers the right to record them as they conduct their searches under a proposed law in New Hampshire.

According to the Associated Press:

The House could vote on the bill as earlier as this week. It would require state law enforcement officers to document complaints and enforce the traveler’s right to audio or video record the search if needed. If the officers failed to enforce the traveler’s right to record the search, they would be guilty of the crime of official oppression.

There isn’t much information out there at this time, but this law can make things very interesting, especially considering how most TSA screeners tell passengers they are not allowed to record the checkpoints - even though it says the opposite on the official TSA website.

And especially considering how New Hampshire has become a haven for libertarian-minded people who would quickly put this law to the test if it gets passed.

In fact, I will be flying to New Hampshire in February to speak at the Liberty Forum, so that would be a perfect time for me to put the law to the test.

UPDATE: Federal legislators are also considering a law that would forbid TSA screeners from acting as if they have law enforcement authority, which they don't.

It's a new House bill that stands for Stop TSA's Reach In Policy and would prevent Transportation Security Administration officers from wearing law enforcement uniforms and police-like badges and calling themselves officers unless they receive law enforcement training.

"Congress has sat idly by as the TSA strip searches 85-year-old grandmothers in New York, pats down 3-year-olds in Chattanooga, and checks colostomy bags for explosives in Orlando. Enough is enough!" said the bill’s sponsor, Rep. Marsha Blackburn (R-Tenn.) "The least we can do is end this impersonation, which is an insult to real cops."

Please send stories, videos and tips to carlosmiller@magiccitymedia.com

Comments

Happy Tinfoil Cat

4 months ago

2012 could turn out to be a very good year! Yah, Baby, yeah!!

Isaac

4 months ago

I'm already here...I'll be happy to test that out for you when it passes.

dave

4 months ago

Texas recently tried to pass a law to limit the TSA. It looked all GO....and then.... enter some institutionalized bullies with their institutionalized synthetic balls and watch the Texas legislature melt like butter and sell-out the people. A man can not submit to threats and remain a man. A man can not submit to arm-twisting and remain a man. Check this out yourself. Will the NH legislature stand up to arm twisting if the bill starts to go somewhere and the institutionalized bullies come in like in Texas or will their man on the inside die when they kneel and sell out the people like in Texas?

Vinny

4 months ago

Here is some other good news. Carlos maybe you might want to start a new thread. STRIP Act targets TSA uniform: End 'impersonation' of 'real cops' It would stop TSA agents from wearing badges and police type uniforms unless they had law enforcement training.

http://latimesblogs.latimes.com/nationnow/2011/12/strip-act-targets-tsa....

Carlos Miller -...

Pixiq Expert

4 months ago

Thanks, Vinny. I just added that link to the story.

John

4 months ago

Considering the federal supremacy clause, I think that any state would find it impossible to charge a Federal official with a state crime.

I like the thought.

Frank

4 months ago

They can be charged, but the Joker in the deck is that the case is automatically removed to federal court for trial if the offense arises out of the federal employee's "scope of duties".

This is what happened when the feds who killed people on Ruby Ridge were charged by the county prosecutor. And as you already guessed, it makes things much more difficult. The question will hinge on if the screening clerk's actions were in the line of duty, given official TSA guidance on the subject.

I predict interesting times for the Pedosmurfs.

dave

4 months ago

What is the federal supremacy clause? (other than the fantasy of the wanna-be-biggest tyrant)

There is the Constitutional supremacy clause.
Article VI Section 2

This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding

The CONSTITUTION is the supreme law of the land and all federal, state and local laws and actions must be constitutional to be valid.

nicholas

4 months ago

Don't states already make it a crime to impersonate an officer? Wouldn't the strip act just federalize the concept? Most people accept that cop impersonating is criminal. I think the more people that are educated about this then the less necessary it would be to even have the federal law.. Can you imagine the TSA having to deal with people teasing the screeners about their FAKE badges? TSA would have to change their work uniform in order to preserve the DIGNITY(or lack thereof)of the agency.

I'd like to see them in something more like the jumpers you see trash collectors wearing (no offence to trash collectors).

Badges on civilians is axiomatically a crime. The state laws have already populatized the concept.

nicholas

4 months ago

offense not offence, sorry

nicholas

4 months ago

I have another question. As it stands now would I be able to walk around in a TSA uniform as a non-TSA employee? I wouldn't be impersonating a cop because they're not cops.

For sports fans it's common for them to wear the jersey of a player they like. They're not impersonating the player - they are just a fan of the player.

I would be TSA's biggest fan, I suppose....

Jerith

4 months ago

I'm also thinking that can a fired or retired officer with a -history- but has that required training already get hired. Two tiered TSA employee levels? New hires could have more clout than the long term TSA supervisors.

Fisher1949

4 months ago

Passengers have a right to document abuses by overzealous and abusive screeners and this law would help provide some protections or at least the exposure of those abuses.

They are using faux police uniforms to aid them in doing to passengers searches what the new FBI definition describes as rape. TSA has proven unwilling and unable to adequately police it the conduct of its screeners and, like a rapist, has blamed the victim in even the most egregious assaults. They have been reciting the same tired lies of “treating all passengers with dignity, respect and courtesy” for the past year and the assaults have only become worse.

These ridiculous actions by rogue screeners demonstrate the lack of adequate hiring standards at TSA and do nothing to improve airline safety and documenting their excesses may help to initiate reforms.

Lisa Simeone

4 months ago

Re the faux-police uniforms, see what I wrote about it at TSA News:

http://tsanewsblog.com/280/news/strip-act-would-downgrade-tsa-agents-app...