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  1. #41
    Michelle's Avatar
    Michelle is offline Civilian
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    I've been researching this and trying to find it in layman's terms otherwise it becomes like calculus to me - ugh! Am I misunderstanding it?

  2. #42
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    I'm not seeing anywhere in that title where the 4th Amendment is suspended.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  3. #43
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    Quote Originally Posted by Michelle View Post
    I'm quoting someone on another forum who sounds like he might be a lawyer. I didn't link it because I wasn't sure if it would be allowed on here since it comes from another forum?


    ---------------------------------------------------------------------
    Title 49, Section 40101, says, in relevant part:

    (a) Economic Regulation. - In carrying out subpart II of this
    part and those provisions of subpart IV applicable in carrying out
    subpart II, the Secretary of Transportation shall consider the
    following matters, among others, as being in the public interest
    and consistent with public convenience and necessity:
    (1) assigning and maintaining safety as THE HIGHEST PRIORITY in
    air commerce. (Emphasis mine )

    So, you have a right to travel, so long as you travel consistent with the Secretary of Transportation's determination of what is required for safety purposes (which authority is shared with other department heads, as noted in the statutes listed in the annotations to Section 40101).
    -----------------------------------------------------------------------
    At no time ever does a constitutional right subject itself to the determination of a cabinet level executive branch flunky.

    What is or is not a constitutional right is decided by the nine justices of the Supreme Court of the United States, whenever there is such a question.

    That quote is not saying what you suggest it is saying, and anyone can claim to be a lawyer on the interwebs.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  4. #44
    Michelle's Avatar
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    Yeah, have no idea if he is a real lawyer. Just sounded like he might be.

    Thank you for all the help! Certainly been enlightening and has given me a better understanding.

    I guess I better get to the store to get some crow to go with my turkey.

  5. #45
    MacLean's Avatar
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    I went over there to where you found that link. It was a two year old thread, and the person quoting CFR was actually claiming to be an LEO rather than a lawyer.

    I would dispute his take on the matter.

    I'm not riding you and don't expect you to eat crow. I am somewhat bothered by the fact that Americans are just accepting the appeal to authority.

    The constitution protects us from having some appointed flunky - be it an LEO or a cabinet secretary - decide what is best for us without due process.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  6. #46
    Michelle's Avatar
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    His sig is misleading. I went back over and without signing up, clicked his name and it says lawyer.
    But, your right again, people are just accepting. And I can see how this can lead to a mess of problems unless people start stepping up.
    I've decided that I'm not going to make it easier on TSA by getting their scan. I'm not sure if I'm going to fly commercial again until its resolved. Like posted here before, there are better ways.

    Another TSA fail - Adam Savage getting past with razor blades.

    Mythbusters' Savage: I got past TSA with razor blades | Technically Incorrect - CNET News

  7. #47
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    That article posted by Five-0 was most revealing. Why are relevant solutions so disregarded? It makes me think that if the idea doesn't originate with the high and mighty here it isn't worth using.
    At this point, especially with my fear of flying, I wouldn't give a crap how many layers of security an airport has. I don't feel confident "security" could find a cat in a room full of horses. Who do you trust? Screw it. Until I feel confident I'd rather walk.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


  8. #48
    Five-0's Avatar
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    Quote Originally Posted by MacLean View Post
    I'm not riding you and don't expect you to eat crow. I am somewhat bothered by the fact that Americans are just accepting the appeal to authority.
    Bingo. Knowing what I cannot do as a LEO will keep me out of more trouble/liability than knowing what I can do.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  9. #49
    besafe2 is offline Rookie
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    First off I have nothing good to say about the TSA clerks at the airports. I refuse to call them officers. If they touch "my junk" or handle me in any way they should not I will call for an leo & ask that they be arrested. One of my best friends who is a 12year leo at the airport I work told me if he got a call like that he would arrest the TSA clerk. I also called the DA's office & they advised if they have enough evidence they will take the case.

    I hope the rest of you would make the arrest also. These goons are really abusing people every day at the airport & it needs to stop.
    Please stay safe in all you do, also know I pray for each of you daily. Thank you for all you do. On Twitter at
    www.twitter.com/coachrowsey

    Paul

  10. #50
    Michelle's Avatar
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    If I get searched/groped inappropriately, I could call LE to the airport to have a TSA agent arrested? Plus the TSA can sue me too? What a big mess!

    Ever since I found this thread, I've been on a mission to catch myself up to speed and educate myself. I was originally under other assumptions in thinking it was for our best and no worries and now I'm just disturbed and disgusted to find out otherwise.

  11. #51
    snuffy2202's Avatar
    snuffy2202 is offline JUST ANOTHER TEQUILA SUNRISE
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    Simple solution. Hire Playboy Bunnies to search the men and Chippendale dancers to search the women. No complaints... except....check again, I think you missed a spot.
    The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government.
    -Thomas Jefferson

    That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants. Jeff Cooper'

 

 
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