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Title: Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/tsa-appeals-court-ruling-immunity/
Published: Jul 12, 2018
Author: Matt Agorist
Post Date: 2018-07-12 12:50:41 by Deckard
Keywords: None
Views: 340
Comments: 23

The TSA – whose job is supposedly “fighting terrorism” – is, without doubt, one of America’s most corrupt and incompetent agencies. However, last year, they apparently became so unsatisfied with the mere ability to strip search babies, remove colostomy bags, beat up blind cancer patients, and fondle your genitalia, that they announced a more invasive physical pat-downs. The pat-downs, which TSA warned would probably prompt assault complaints with the police department because of their invasive nature, have been implemented and now, a federal court ruled that these complaints mean absolutely nothing because the TSA cannot be sued.

As the Washington Post reports, the U.S. Court of Appeals for the 3rd Circuit, which sits in Philadelphia, held that TSA officers enjoy sovereign immunity because, despite their badges and titles as “officers,” they do not qualify as “investigative or law enforcement officers” who could be held legally responsible for abuses under the Federal Tort Claims Act.

The court looked at the question of when a TSA search should prompt protection under the Fourth Amendment. The court ominously noted that TSA screeners are more like federal meat inspectors than cops. Indeed, anyone whose ever found themselves subject to the invasive nature of a TSA pat down knows just how much this agency likes to inspect “meat.”

What this ruling highlights is the dehumanizing nature of the federal government who likens human beings who wish to travel by airplane as “meat” to be “inspected.”

“[W]e are sympathetic to the concerns this may raise as a matter of policy, particularly given the nature and frequency of TSOs’ contact with the flying public,” the court stated.

In a moment of rational thought, however, a single judge, Judge Thomas L. Ambro, dissented and aptly noted that the TSA are no different than cops conducting traffic stops and therefore should be held to the same degree of liability — which, as TFTP has reported at length, is not much. But, at least, they are not immune.

As WaPo reported, Ambro also noted that the majority’s opinion would bar passengers from bringing legal claims even in the most extreme cases, such as when TSA officers at Denver International Airport were accused of manipulating security procedures so that they could grope “attractive” male passengers.

“Their opinion leaves several plaintiffs without a remedy, even if a TSO assaults them, wrongfully detains them, or fabricates criminal charges against them,” Ambro wrote. “I do not believe this is what Congress intended.”

The court’s decision stemmed from the case of Nadine Pellegrino, a business consultant from Florida who experienced the invasive and demeaning nature of the TSA first hand.

As NBC reports:

According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a US Airways flight to Fort Lauderdale, Florida.

Pellegrino, then 57, objected to the invasiveness of the search, but conditions deteriorated and she was later jailed for about 18 hours, the papers show. Criminal charges were filed, and Pellegrino was acquitted at a March 2008 trial.

Because the federal government grants itself sovereign immunity under the Tort Claims Act, the TSA, like all federal government employees are shielded from civil and criminal liability except in very limited circumstances.

The TSA, who has never stopped a terror attack and is unable to stop 95 percent of the tests against its tactics, gropes and molests children and adults alike — who unquestioningly accept it. Now, the very small percentage of people who actually stand up to them will have no recourse.

We now know a potential reason why the TSA is putting together a watchlist of those who criticize them. Once they snub out the last few people who value freedom, Americans more concerned with an ineffective facade of safety instead of individual liberty will be lining up to have their genitals fondled and groped so they can feel secure.

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#1. To: Deckard (#0)

" the federal government grants itself sovereign immunity under the Tort Claims Act, the TSA, like all federal government employees are shielded from civil and criminal liability except in very limited circumstances. "

"Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity "

This, combined with Shitlerly skating, Obutthole skating, all of the FBI & DOJ skating, along with instances of other malfeasance, all add up to the public losing belief in Rule of Law.

THIS IS NOT GOOD FOR THE COUNTRY !!!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-12   13:51:48 ET  Reply   Trace   Private Reply  


#2. To: Deckard, TSA canaries, Gatlin (#0)

a single judge, Judge Thomas L. Ambro, dissented

Probably a libertarian who doesn't want Gatlin's boys fondling his junk.

hondo68  posted on  2018-07-12   15:07:15 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

As the Court stated, suspicionless checkpoint searches are permissible under the Fourth Amendment when a court finds a favorable balance between the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the of the interference with individual liberty. The court concluded that TSA screenings fall into this category and constitute permissible administrative searches.

Pellegrino v. TSA, 15-3047 (3rd Cir, 11 Jul 2018)

9 “Administrative searches” are an exception to the general rule that a search or seizure is unreasonable in the absence of individualized suspicion. See United States v. Hartwell, 436 F.3d 174, 178 (3d Cir. 2006). “Suspicionless checkpoint searches” are one such example, and “are permissible under the Fourth Amendment when a court finds a favorable balance between ‘the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.’” Id. at 178–79 (quoting Illinois v. Lidster, 540 U.S. 419, 427 (2004)). In Hartwell, we concluded that TSA screenings fall into this category and constitute permissible administrative searches. See id. at 181.

Pellegrino at 37:

Based on these various indicia of meaning — the law enforcement proviso’s text, structure, context, purpose, and history, as well as relevant case law — we are persuaded that the phrase “investigative or law enforcement officers” refers only to criminal law enforcement officers, not to federal employees who conduct only administrative searches.

Pellegrino at 47-48:

In sum, as the delineated duties of TSOs make clear, and as is the case with many federal agencies, there is a clear division between the criminal law enforcement and noncriminal law enforcement arms of the TSA. TSOs—like meat inspectors, OSHA workers, and other personnel who are permitted to perform only administrative searches—fall into the latter category and thus do not qualify as “investigative or law enforcement officers” under the law enforcement proviso of the FTCA. Because the proviso does not apply, Pellegrino’s intentional tort claims are barred by § 2680(h)’s intentional tort exception, and the District Court correctly dismissed those claims based on the United States’ sovereign immunity.

- - - - - - - - - -

Because the federal government grants itself sovereign immunity under the Tort Claims Act....

Moron has it backwards.

The Federal Government has sovereign immunity except where it waives it. The FTCA provides a limited WAIVER of sovereign immunity.

https://en.wikipedia.org/wiki/Federal_Tort_Claims_Act

The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 60 Stat. 812, "28 U.S.C. Pt.VI Ch.171" and 28 U.S.C. § 1346(b)) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state—a doctrine referred to as sovereign immunity. The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to pursue some tort claims against the government.

[...]

The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government."

nolu chan  posted on  2018-07-12   15:08:21 ET  Reply   Trace   Private Reply  


#4. To: hondo68 (#2)

" Probably a libertarian who doesn't want Gatlin's boys fondling his junk. "

ROFLMAO !!!!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-12   15:48:50 ET  Reply   Trace   Private Reply  


#5. To: Deckard, Stoner, nolu chan, Everybody (#0)

"Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity."
Come on now, I find it impossible to believe the U.S. Court of Appeals for the 3rd Circuit ruled that the TSA can ABUSIVELY FONDLE your genitals. The reason I find it impossible to believe this and extremely difficult to believe anything else in this article is because it is authored by Matt Agorist and published in The Free Thought Project. If I were as good as nolu chan to research and find court ruling, I believe beyond a shadow of a doubt that if I could find and read the ruling, by this appeals court, that nowhere would it show the word “abusively” when associate with searching the genital area.

The TSA has in the past and continuing through the present, refused to disclose anything about the reasons for their searches. They have said they disclose nothing so as not to inform terrorists about their methodology. If you stop and think about it....that makes sense. I don’t know, but maybe there are some perverts in the TSA upper management, since there are perverts in all roles of life, and maybe they woke up one morning and suddenly decided this would be a great day to have all TSA agents start to “abusively feel peters and pussies” just for the heck of it. Then on the other hand, maybe there were some TSA agents who had by accident discovered some folks hiding weaponry or bomb making material in their genital areas and TSA upper management decided it would therefore, given valid reason, be a good idea to search the genital areas when they felt they had good reason. If I had to guess between the two, I would go with the latter.

It seems real easy for some folks to badmouth the TSA. But then, these same folks seem to badmouth EVERYTHING the government does, or does not do for that matter. Matt Agorist is of course one of those folks, along with some folks here on LF. Matt begins his article by stating: The TSA – whose job is supposedly “fighting terrorism” – is, without doubt, one of America’s most corrupt and incompetent agencies. Damn that is really one bold hellacious declaration.

Let’s consider that for a moment. I have admitted on this forum that I have bad, well really terrible, eyesight. I have taken time to compile a list of all terrorist activity in the US since 9/11. I hope I found them all. So because of my bad, terrible, eyesight....I will ask if one of you naysayers who consistently express negative or pessimistic views about the TSA and always condemn them will please read down through the list of terrorist attacks in the US since 9/11 and show me a single one that occurred at an airport with the TSA on duty.

The shoe bomber 4 2001 A British man tries to blow up a US-bound airliner with explosives in his shoes but is subdued by passengers and crew—Jolie Yang separate file

Padilla 1 2002 An American connected to al-Qaeda, who had discussed a dirty bomb attack, returns to the US and is arrested— Allison Barbo separate file

Mt. Rushmore 3 2002 Two men in Florida, one of them possibly connected to an al- Qaeda operative, plot, crucially aided by an informant, to bomb local targets as well as Mt. Rushmore before 9/11, and are arrested and tried the year after.

El Al at LAX 4 2002 A depressed anti-Israel Egyptian national shoots and kills two at the El Al ticket counter at Los Angeles airport in an act later considered to be one of terrorism, and then is killed by a guard—Zachary Zaerr separate file

Lackawanna 1 2002 Seven Americans in Lackawanna, NY, are induced to travel to an al-Qaeda training camp, but six return disillusioned, all before 9/11, and are arrested the next year for providing support to the group—Blaise Katter separate file

Kahn and the Parachas 2 2003 A young Pakistani seeks to help an al-Qaeda operative enter the country to attack underground storage tanks at gas stations—Alexander Hitchcock separate file

Abu Ali in Saudi Arabia 2 2003 A US citizen joins a terrorist cell in Saudi Arabia and plots to hijack a plane in the US and to assassinate President Bush when he is arrested by the Saudis and extradited to the US for trial—Leigh Stephens separate file

Columbus and the Brooklyn Bridge 2 2003 An American connected to al-Qaeda discusses shooting up a shopping mall in Columbus, Ohio, with two friends, then scouts taking down the Brooklyn Bridge for al-Qaeda, but decides it’s too difficult— Drew Herrick separate file

Barot and the financial buildings 2 2004 Group in London tied to al-Qaeda scouts out financial buildings in the US with an eye to bombing them, but never gets to the issue of explosives— Tessa Reinhart separate file

Albany 3 2004 Two men in Albany, NY, effectively help fund an informant's terror plot—Michael Spinosi separate file

Nettles 3 2004 An American with a long history of criminal and mental problems plots under the nickname of "Ben Laden" to blow up a federal courthouse in Chicago and reaches out for help to a Middle Eastern terrorist group, but gets the FBI—Rachel Cohen separate file

Herald Square 3 2004 Loud-mouthed jihadist in New York and a schizophrenic friend attract informant who helps them lay plans to bomb Herald Square subway station— Surili Sheth separate file

12a Nashville 3 2004 An immigrant from Iraq, 33, angry about American policy in Iraq, declares he is “going Jihad,” planning to blow up something probably in Nashville, and is arrested when he pays an FBI operative $1000 for, and takes possession of, two disassembled machine guns, four disassembled hand grenades, and hundreds of rounds of ammunition in the parking lot of a Krispy Kreme doughnut shop.

Grecula 3 2005 An American with visions of being an modern day Spartacus agrees to build a bomb to be exploded in the US for undercover agents claiming to be al- Qaeda—Todd Ives separate file

Lodi 1 2005 An American in Lodi, California, who may have attended a training camp in Pakistan but with no apparent plan to commit violence is arrested with the aid of an informant— Andrew Ashbrook separate file

JIS 2 2005 American in jail masterminds a plot by three others to shoot up military recruitment centers, synagogues, and a non-existent military base in the Los Angeles area but, although close to their first attack, the plans are disrupted when they leave a cell phone behind at a funds-raising robbery—Demetrius Daniels-Hill separate file

Pipelines and the terrorist hunter 3 2005 An American offers on the internet to blow up pipelines in Canada as an aid to al-Qaeda, and attracts the attention of free-lance informant— Shannon Buckner separate file

U of North Carolina 4 2006 To punish the US government for actions around the world, a former student, after failing to go abroad to fight or to join the Air Force so he could drop a nuclear bomb on Washington, drives a rented SUV onto campus to run over as many Americans as possible and manages to injure nine—Andrew Braun separate file

17a Target surveillance in Washington, DC 2 2006 Two men hailing from South Asia, 21 and 19, apparently linked to Lashkar e-Taiba, a Pakistani terrorist group, make videos, later sending them to an international terrorist contact in London, of potential targets in the Washington, DC, area including the Capitol, the headquarters of the World Bank, a Masonic Temple, and a group of large fuel storage tanks.

Hudson River tunnels 2 2006 Angered by the US invasion of Iraq, several men plot on the internet to flood railway tunnels under the Hudson river, but are arrested overseas before acquiring bomb materials, before meeting each other in person, and before setting foot in the US—Zachary Karabatak separate file

Sears Tower 3 2006 Seven men in Miami plot with an informant, whom they claim they were trying to con, to take down the Sears Tower in Chicago, then focus on closer buildings—Lauren Brady separate file

Bombing transatlantic airliners 2 2006 A small group in London, under intense police surveillance from the beginning, plots to explode liquid bombs on US-bound airliners —Tyler Puhl separate file

Rockford Mall 3 2006 Loud mouthed jihadist attracts the attention of an informant and together they plot exploding grenades at a shopping mall in Rockford, IL—David Bernstein separate file

Fort Dix 3 2007 A small group target practices, buys guns, and plots to attack Ft. Dix, NJ, with the aid of an informant who joins the group when the FBI is told they took a jihadist video into a shop to be duplicated—Jovan Galevski separate file

JFK airport 3 2007 A small group, with informant, plots to blow up fuel lines serving JFK airport in New York—Bryan Staub separate file

Vinas 2 2008 A New York man travels to Pakistan, is accepted into al-Qaeda, and plots to plant a bomb in the US, but is being watched and talks after being arrested —David Dawson separate file

Bronx synagogues 3 2009 Four men, with crucial aid from an informant, plot to bomb synagogues in Bronx, NY, and shoot down a plane at a military base—David Bernstein separate file Little Rock 4 2009 An American man travels to Middle East to get training, but fails, and on his return, working as a lone wolf, he eventually shoots and kills one soldier at a military recruitment center in Little Rock, AK—Michael Coleman separate file

Boyd and Quantico 3 2009 A complicated conspiracy in North Carolina including an informant, gathers weapons and may have targeted Quantico Marine Base—Kelly Stritzinger separate file

Zazi 2 2009 An Afghan-American and two friends travel to Pakistan to join the Taliban, but are recruited by al-Qaeda to plant bombs on New York subways instead, and are under surveillance throughout—Justin Heilmann separate file

Springfield 3 2009 A loud mouthed jihadist plots, with informants, to set off a bomb in Springfield, IL—Ronald Lieberman separate file

Dallas skyscraper 3 2009 A Jordanian on a student visa rouses interest from the FBI in internet postings and, together with three agents, tries to detonate a fake bomb in the basement of a Dallas skyscraper—Lauren Brady separate file

Mehanna 2 2009 A well-educated Muslim jihadist may have plotted briefly to shoot up a shopping center in the Boston area and tried to join an insurgency in the Middle East, but is arrested for spreading jihadist propaganda—Malgorzata Mrozek separate file Killings at Fort Hood 4 2009 Military psychiatrist, acting as a lone wolf, shoots up a military deployment center in Ft. Hood, TX, killing 12 soldiers and one civilian, shortly before he is supposed to be deployed to the war in Afghanistan—Taylor Schmaltz separate file

The underwear bomber 4 2009 A Nigerian man tries to blow up a US-bound airliner with explosives in his underwear but is subdued by passengers and crew—Matthew Spade separate file

Times Square 4 2010 A Pakistani-American gets training in Pakistan and on his own tries, but fails, to set off a car bomb at Times Square in New York—David Tan separate file

Alaska 3 2010 A Muslim convert in a remote Alaska town plots the assassination of 20 with the aid of an informant. separate file

Parcel bombs on cargo planes 2 2010 An effort by al-Qaeda in the Arabian Peninsula to set off parcel bombs implanted in printer cartridges on cargo planes bound for the United States is disrupted by an insider—Ruxton McClure separate file

DC Metro—bomb plot 3 2010 A Pakistani-American aids FBI operatives posing as al- Qaeda in a plot to bomb the DC Metro—Chad Chessin separate file

Oregon 3 2010 A teenaged Somali-American jihadist, unable to go abroad to fight, works with FBI operatives, apparently alerted by his father, to set off a van bomb at a Christmas tree lighting ceremony in Portland, Oregon—David Bernstein separate file

DC Metro—Facebook 2 2010 A Virginia man brags without substance to a female Facebook correspondent that he will bomb the Washington Metro soon, and is quickly arrested for making interstate threats, receiving a light sentence—Lauren Brady separate file

Baltimore 3 2010 A Baltimore man seeks allies on Facebook for violent jihad, and the FBI supplies him with an informant and with a fake SUV bomb with which he tries to blow up a military recruitment center—Lauren Brady separate file

Texas 2 2011 A Saudi student in Texas, flunking out and displaying intense new discontent on his blog and Facebook profile, is arrested after buying bomb-making materials and considering potential targets including crowded streets in distant New York and a local residence of former President George W. Bush—David Bernstein separate file

Manhattan’s pair of lone wolves 3 2011 Upset with how the US treats Muslims around the world, a mentally ill American citizen, with an accomplice and an undercover officer, purchases weapons as the first step in a plot to blow up synagogues, the Empire State Building, and other targets in New York and New Jersey. separate file

Pentagon shooter 24 2011 A US marine reservist with jihadist literature shoots at military buildings in the DC area and is arrested as he seeks to desecrate the graves of veterans of the wars in Iraq and Afghanistan—Andrew Braun separate file

Seattle 3 2011 Two financially-destitute men, exercised over US foreign policy, are arrested in Seattle after they purchase an FBI-supplied machine gun that they plan to use to attack a military recruiting center after they save up enough money to purchase bullets and other material. separate file

Abdo 2 2011 A US Army Private, unwilling to wage war on Muslims, is arrested after he buys ammunition and bomb materials to explode in a restaurant popular with soldiers—Nicole Spaetzel separate file

Model planes 3 2011 Seeking to “decapitate” the US “military center,” a mentally-ill hobbyist plots with police operatives to attack the Pentagon with remote-controlled model planes bearing explosives and then to shoot at people as they flee the building—Ruxton McClure separate file

Iran and Scarface 3 2011 An Iranian-American used-car salesman from Texas, nicknamed “Scarface” from the results of an earlier street brawl, is engaged for a promised $1.5 million by members of the Iranian government to arrange for a Mexican drug cartel to blow up Saudi Arabia's ambassador in a Washington restaurant but is foiled by an undercover Drug Enforcement Agency operative who is wired $100,000 as a down payment—Zachary Zaerr separate file

Pimentel’s pipe bomb 3 2011 A naturalized US citizen and Muslim convert, hostile to US military ventures in the Middle East, seeks to make pipe bombs using match heads to attack various targets. separate file

Tampa 3 2012 Under suspicion after he walked into a store seeking to purchase an al-Qaeda flag, an Albanian-American loner plots in Tampa with a police operative to detonate a car bomb, fire an assault rifle, wear an explosive belt, take hostages, and bomb nightclubs, a police center, several bridges, and a Starbuck’s coffee shop in order to avenge wrongs against Muslims and to bring terror to his “victims’ hearts”—Nicole Spaetzel separate file

Capitol bomber 3 2012 A Moroccan man who had overstayed his visa for years and had been thrown out of his apartment for non-payment of rent, concludes that the war on terror is a war on Muslims, plots with FBI operatives, and is arrested as he seeks to carry out a suicide bombing at the Capitol—Zachary Karabatak separate file

Chicago bar 3 2012 Drawn by the violent jihadist emails and internet postings composed by an unemployed and apparently retarded 18-year-old Egyptian- American who felt the US was at war with Islam, FBI agents gain his confidence, supply him with a fake bomb which he parks outside a Chicago bar he said was filled with “the evilest people,” and then arrest him when he attempts to detonate it from a nearby alley— Rachel Cohen separate file

Bombing the Federal Reserve Bank 3 2012 A college flunk- out from Bangladesh uses his parents’ life-savings to study in the US and reaches out on Facebook, obtains the help of the FBI to do something that will “shake the whole country,” and is arrested when he tries to set off an FBI-supplied bomb planted at the Federal Reserve Bank building in New York from a nearby hotel room—Todd Ives separate file

The brothers plot 2 2012 Two brothers in Florida plot to set off a bomb in New York in revenge for US drone attacks in Afghanistan, but are arrested before getting very far beyond bicycling around Manhattan looking for targets Oazi November

53a Car bomb at an Oakland bank 3 2013 A mentally disturbed US citizen, 28, in sympathy with the Taliban, tries to set off a car bomb supplied to him by the FBI in front of a bank in Oakland, California, in hopes that the explosion would be blamed on antigovernment militias and prompt a crackdown that would touch off a civil war.

Boston Marathon 4 2013 Two Chechen-American brothers, working alone, detonate two homemade bombs in a crowd at the Boston marathon, killing three, and then are killed or captured a few days later after an exhaustive and dramatic manhunt— Chad Chessin separate file

54a Uzbek bomb plot in Boise 3 2013 A refugee from Uzbekistan gathers materials for a potential bombing of a military base or of a July 4 celebration in Boise, Idaho.

Wichita airport 3 2013 A worker at the Wichita, Kansas, airport plots with FBI agents to detonate a car bomb at dawn at the airport—Niko Pittore separate file Rochester 3 2014 A pizza shop owner in Rochester, in vocal sympathy with Islamic State on social media who had been asked to leave three Mosques for his radical views, seeks to recruit for the group and plots with FBI operatives to shoot and kill returning members of the U.S. military.

Killings in Seattle and New Jersey 4 2014 Apparently motivated by hostility to American foreign policy, a man murders three in Washington state and is captured later when he kills another in New Jersey—Alex Iammarino separate file

New York axe attack 4 2014 An unemployed recluse and devotee of ISIS and other terrorist groups with a multiple arrest record, 22, attacks four police officers with an axe in Queens, New York, and is shot dead in an altercation that takes seven seconds.

Cincinnati 3 2015 A young local loner, in sympathy with ISIS, plots with FBI operatives to set off a bomb at the Capitol in Washington, DC—Cassandra Dula separate file

59a Carolina 2 2015 Two men, one a teen, plan to rob a gun shop, attack a North Carolina military base, then go to the Middle East to join ISIS.

Ohio returnee from Syria 2 2015 A Somali-American, actively communicating about his plans with friends on social media, travels to the Middle East, stays about a month, receives some training from and al-Qaeda affiliate, returns, and, as urged by a cleric he met in Syria, may have planned to commit violence—Maria Chabali separate file

Aurora 3 2015 Unable to travel abroad to fight with ISIS because of a felony conviction for trying to rob a McDonalds, an Illinois man, 23, plots with a cousin, 30, and with FBI operatives to “unleash the lion” by attacking a local National Guard Armory.

Two women in Queens 3 2015 Protesting that “It’s war” and “Protest don’t work” and “Why can’t we be some real bad bitches?” two women, one in communication with al-Qaeda in Yemen, try to fabricate bombs with the aid of an undercover officer.

Miami 3 2015 Posting sympathies to ISIS on Facebook, a Florida man is arrested after he seeks to buy arms and ammunition (with plans to emboss “ISIS” on the shell casings) from an FBI operative.

Fort Riley 3 2015 A young man enthusing on Facebook about being killed in jihad, plots with FBI operatives to explode a 1000-pound bomb at a nearby military base— Alex Rhodes separate file

Shootings at Cartoon Contest in Garland, Texas 4 2015 Two men with very limited connections to ISIS and other terrorist groups drive from Phoenix to Garland, Texas, wearing body armor and carrying six guns, open fire at an anti-Islamist exhibit, and are gunned down in 15 seconds by a traffic officer armed only with a handgun and then killed by a SWAT team— Sam Zacher separate file Abdulkader in Cincinnati 3 2015 Yearning to join ISIS in Syria, a 21-year-old in Cincinnati attracts the attention of the FBI by Tweeting nearly daily about his admiration for the group and about his enthusiasm for beheadings, and then plots with an FBI operative and with an ISIS cybercoach to kill a soldier and to raid a police station.

New England 4 2015 Three ISIS-inspired men variously plot to carry out terrorist attacks, and one, saying he couldn’t wait any longer and has decided to “go after” the “boys in blue” instead, attempts to stab a police officer in Boston and is shot dead.

Attempted stabbing of an FBI agent in New York 4 2015 Three ISIS-inspired men in the New York area variously plot attacks, and one tries to stab an FBI agent searching his home.

Al-Ghazi in Ohio 3 2015 A drug dealer and convicted felon becomes attracted to ISIS, pledges affiliation, creates propaganda videos for the group, seeks to recruit others to the cause on social media, gets in contact with someone he thinks is an encouraging ISIS member overseas (but is actually an FBI operative), appears to express a desire to commit a terrorist attack, and is arrested when he purchases an AK-47 from an FBI operative.

Sullivan 3 2015 Tipped off by his stepfather, the FBI puts an operative on, and eventually arrests, an unstable 19-year-old man in North Carolina with a yearning to kill hundreds of people on behalf of ISIS and who had previously robbed and killed a neighbor apparently to get money for weapons. separate file

Ciccolo 3 2015 Turned in by his father, a Boston police captain, a man who advertised his desire to join ISIS on social media and had a long history of mental illness plans to attack a university cafeteria deemed to be “very sinful” and is arrested when an undercover agent supplies him with weapons—Maria Chabali separate file

Chattanooga 4 2015 A mentally-ill man with no known terrorist connections, but who possessed some jihadist literature and whose life was on a downward spiral, kills five military personnel in Tennessee and then is killed in a shoot-out with police —Niko Pittore separate file

Suarez and Key West 3 2015 After capturing the attention of the FBI with some Facebook posts (including beheading videos), a Florida man, 25, who considers himself to be a member of ISIS and expects the group soon to come to the US to fight, scripts and records a recruitment video for ISIS and plots with some FBI operatives to detonate a buried timer bomb at a Key West beach but is arrested when he takes possession of a bomb created for the purpose by the FBI.

73a Bombs and a Papal assassination attempt in Philadelphia 3 2015 A 15-year-old who had spent a considerable amount of time in a mental hospital puts together ISIS-inspired plots to set off bombs across Philadelphia and also to assassinate the Pope on a visit to the city, but the sniper he seeks to hire is an FBI operative.

UC Merced 4 2015 After visiting ISIS websites and after being kicked out of a study group, a student at the University of California, Merced, stabs four people on campus and then is killed by police—Niko Pittore separate file

Akron 2 2015 An ardent ISIS supporter in Akron, Ohio, 24 years old, is arrested for solicitation to commit violent crime when he posts “kill lists” on social media, comprised of the names and addresses of 100 military people he thinks should be killed, and declares that he would be proud when he sheds American blood.

San Bernardino 4 2015 A husband and wife, professing loyalty to ISIS, fire guns at a holiday party, killing 14, and then are killed in a battle with police in a subsequent chase—Alex Iammarino separate file

ISIS fund transfer 2 2015 A Baltimore man, tracked for months, is arrested when he receives at least $8700 from Islamic State operatives in Egypt to fund a terrorist attack in the US, although he claims he was merely seeking to scam the money from the group.

Rochester panhandler 3 2015 Deemed an “aggressive panhandler” by a local restaurant/bar owner, a mentally-unstable man, part of a four-man terrorist cell or cluster (the other three are FBI operatives), becomes “ready to give up everything” to join ISIS in Syria and, to show ISIS that he is serious, plots to attack the restaurant/bar with a machete that one of the FBI operatives purchases for him at Walmart—Cassandra Dula separate file

Houston mall 3 2016 An Iraqi refugee in Texas, 24, confides to an FBI operative that he would like to join ISIS and plots to bomb a Houston shopping mall.

Philadelphia 4 2016 A man, 30, attempts to kill a Philadelphia police officer with a stolen handgun and says, “I pledge my allegiance to the Islamic State, and that’s why I did what I did.”

Masonic temple in Milwaukee 3 2016 A fitness trainer and US citizen in Milwaukee, 23, abandoning plans to kill Israelis in the West Bank as impractical, plots with two FBI operatives to shoot up a local Masonic temple (“if this hit is executed, it will be known all over the world…If I got out after killing thirty people, I will be....100% happy, because these 30 will terrify the world. The mother fuckers will know that nobody can play with Muslims”), and is arrested after FBI operatives sell him fully automatic weapons and one silencer.

Detroit church 3 2016 A US-born citizen, 21, makes increasingly violent statements on Twitter about conducting an attack on behalf of ISIS and, after communicating with an FBI operative, focuses on a Detroit church and then is arrested for possession of a firearm by an unlawful user of a controlled substance and is sentenced to 5 years. Franey in Montesano 3 2016 A vocal ISIS supporter in Montesano, Washington, 34, accepts guns for a potential attack from an FBI operative.

Ranting in Minnesota 2 2016 A 23-year-old Minnesota man, in contact with ISIS members in Syria, is arrested for communicating threats by saying during a drunken rant that he was going to “kill everyone” at a local Walgreens, but is ultimately charged only with falsely telling the FBI that the contacts had ended.

Bombings and shootings in New York 3 2016 Three men abroad, one of them an orthopedic surgeon in the Philippines, plot with an FBI informant to shoot up and detonate bombs in New York City in support of ISIS.

Florida synagogue 3 2016 A U.S.-born convert to Islam, aged 40, with mental health problems (including a cyst in his brain) plots to bomb a synagogue in Florida, crediting the deed to ISIS following an FBI informant’s suggestion and inspiring other Muslims (“It’s a war, man, and like it’s time to strike back here in America”), but is arrested when he buys the requisite explosive from the operative and attempts to place in near the synagogue.

Orlando 4 2016 A gunman trained in the use of firearms, professing allegiance to ISIS and that demanding US airstrikes be halted in the Middle East, kills 49 at a gay nightclub in Orlando, Florida, and is killed by police after a three-hour standoff—Alex Rhodes separate file Gregerson in Michigan 3 2016 Following a tip that he is amassing an arsenal, the FBI investigates a U.S.-born Muslim convert, 29, in Michigan, a vocal ISIS sympathizer who “fantasizes” about committing terrorism, and arrests him when he buys explosives from an FBI operative.

Phoenix 3 2016 An 18 year old Arizona man, mentally-ill, corresponds with a federal agent he believes to be an ISIS fighter about attacking a motor vehicle office in Phoenix.

Former national guardsman in Virginia 3 2016 A former national guardsman in Virginia, 27, hooks up with an ISIS cybercoach in Libya who then inadvertently connects him with an FBI informant, and the three begin to plot to kill a couple of soldiers in the United States, following this up with a larger ISIS attack.

Wehelie 3 2016 A Virginia man, arrested and charged with illegal gun possession, gets a long sentence because he made “dangerous statements” to an FBI operatives about how he would love to join ISIS abroad but would settle for attacking a U.S. military recruitment station.

Recruiter for an ISIS attack in North Carolina 3 2016 A North Carolina man seeks to recruit people over social media, including an undercover FBI agent, to carry out ISIS attacks in the United States.

Roanoke 4 2016 A man, apparently inspired by ISIS and possibly mentally ill, attacks two people with a knife after hearing voices in Roanoke, Virginia.

Southern Illinois 1 2016 An 18-year old with a history of mental illness who once used a rock to scratch a pickup truck is charged with making a verbal threat to commit a “mass casualty event” and providing material support to a terrorist organization.

Minnesota mall stabbings 4 2016 An unassuming Somali- American student and part-time security guard, with little evidence of terrorist intent (but afterwards proclaimed a “soldier” by ISIS), goes on a stabbing spree, injuring ten people in a shopping mall in St. Cloud, Minnesota, before being killed by an off-duty police officer—Niko Pittore separate file

Chelsea bomber 4 2016 A 28-year-old Afghan-American, apparently inspired by al- Qaeda, plants several homemade bombs in the New York area, two of which explode, killing no one, and the bombmaker is later arrested after a shootout with police—Niko Pittore separate file

ISIS assassination plot in Maryland 3 2016 A legal permanent resident who came to the US from Bangladesh at the age of three (and was now 24), expresses support on social media for ISIS and then enthusiastically plots (“That’s like my goal in life”) with an FBI operative to murder a US military member on an ISIS hit list (they gathered 100 rounds of ammunition for the job) under the belief, suggested by the operative, that they would receive $80,000 from ISIS for the venture.

Houston 3 2016 A 24-year-old Iraqi refugee who wants to join ISIS, plots with an FBI informant to set off bombs at two Houston shopping malls.

Bomb plot in an Arizona prison 2 2016 Following a tip, police disrupt a plot by a 38- year old Muslim convert, ISIS supporter, and lifer at an Arizona prison to use “radicalized materials” and bombmaking information mailed to him by his wife to murder the warden or blow up a vending machine in the visitors section.

Indiana 3 2016 An Indiana man, 30, communicates with police operatives indicating that he wants to join ISIS and sends information about making and using explosives.

Oakland 3 2016 A man in California, 22, opens social media accounts for ISIS and plots attacks with FBI operatives.

Garbage truck at Times Square 3 2016 A 37-year-old Yemen-born Uber driver in Brooklyn avidly supports ISIS on Facebook, tries and fails to join the group, and then discusses driving a garbage truck into a crowd at Times Square with an FBI informant he met through his Facebook posts.

Ohio State University 4 2016 A Somali refugee, a student at Ohio State, apparently outraged at the persecution of Muslims around the world particularly in Burma, injures thirteen people by driving his car into a crowd on campus and by leaping from the car and stabbing at people with a butcher knife and then is shot dead by a campus police officer—Niko Pittore separate file Thompson in Arizona 2 2016 A 30 year old felon in Arizona who nearly two years earlier may have tried to buy a pistol online, is arrested after he conducts hundreds of suspicious Google searches and posts on social media such comments as “Islamic State is officially in America. The war has begun” and “Right, we need to get down with this ISIS shit.”

Suffolk 3 2016 After the FBI is informed that a Suffolk, Virginia, man, 26, had voiced support for ISIS on his Facebook page and had purchased an AK-47 rifle, they have an agent contact him posing as an ISIS member and arrest him after he requests ammunition, gives the agent $250 to support the terrorist group, and says he is ready to “go forth.”

Denver killing 4 2017 A former Army sergeant and martial arts instructor, 37, about whose apparent radicalism police had been warned more than once by the Muslim community, abruptly shoots and kills a transit officer and is apprehended shortly thereafter without further incident by the police.

ISIS supporter in Missouri 3 2017. A Missouri man plots to bomb Kansas City in collaboration with FBI agents who pose as ISIS members and who had been alerted by his social media posts supporting violent jihad.

Lepsky of New Jersey 2 2017 After police responded to what they called an “incident” taking place in a Point Pleasant, NJ, home in which a 20-year-old man had stabbed the family’s dog because it was “dirty” in the view of Islam and was apparently going to do the same to his mother, they discovered that the man was an ISIS supporter who was planning to create and detonate a pressure cooker bomb in New York City “to kill as many people as possible” and to die in the process.

Threats in North Carolina 2 2017 Garrett Grimsley, 27, is charged with making online threats “in interstate commerce” to “non-Muslims,” and a subsequent search of his apartment uncovers an assault rifle and 340 bullets while discovering that he had been reading an ISIS magazine—though Grimsley said he only was looking at the pictures.

Calloway in DC 3 2017 A felon and former Marine, 38, who advertises his admiration for ISIS on Facebook (complete with flag) and discusses with an FBI operative the killing of DC police officers (but not ones who are Muslim) and the need to prepare for a “race war” against whites, is arrested when he buys an AK-47 rifle and ammunition from the informant.

Surveilling for Hizballah 2 2017. Two men, one from New York City and one from Dearborn, Michigan, both naturalized citizens, are arrested for being undercover agents for Hizballah, surveilling potential targets in the United States and in the Panama Canal zone and for “possessing extensive bomb making training.”

Alabama 2 2017 A Huntsville man, 22, who swore allegiance to ISIS and may have been planning to bomb a public building, is arrested by local police, following a tip, for soliciting or providing support for terrorism. Ftouhi in Flint 4 2017 A 49-year-old Tunisian-Canadian comes to Flint, Michigan, attempts to stab a police officer at the airport and, after being taken into custody, explains, “You have killed people in Syria, Iraq, and Afghanistan, and we are all going to die.”

Casey Spain 3 2017 A Virginia felon, who had himself tattooed in prison with “Cop Killa” on his face and an ISIS flag on his back and who talks repeatedly to fellow inmates of working for ISIS, is arrested 20 days after his release when an FBI operative sells him a handgun.

Shopping Mall in Miami 3 2017 A Florida man records pro-ISIS videos and works with FBI operatives to build a bomb to be detonated in the food court of the Sweetwater mall in Miami.

Truck attack on Manhattan bike path 4 2017 A Florida man, originally from Uzbekistan and vowing allegiance to ISIS, plows a rented truck down a bike path in Manhattan, killing 8, and then, armed with toy guns, is shot and subdued by police.

Homemade bomb in New York pedestrian tunnel 4 2017 A 2011 immigrant from Bangladesh, 27, angered by US foreign policy and inspired by ISIS, detonates a crude strapped-on pipe bomb in a pedestrian tunnel in New York, suffering burns and cuts himself and inflicting minor injuries on three others.

San Francisco 3 2017. A depressed tow-truck driver who completed basic training in the Marines, advertises his ISIS sympathies online noting, in particular, that he “loved” an ISIS poster showing Santa Claus in New York with a box of dynamite over the caption, “We meet at Christmas in New York

. . . soon,” and is arrested when he considers, but then apparently abandons, a suicide plan to shoot up and perhaps bomb a popular tourist attraction in San Francisco on Christmas in coordination with the other members of his cell, all of whom are FBI operatives.

There are also two case studies concerning efforts by Islamist extremists to go abroad to inflict damage on US interests there:

New York Stock Exchange 2010 Three men seek to join the fight against the US in the Middle East and find a couple of operatives in Yemen who agree to help them (and after being arrested, identity them), but only after the men send over tens of thousands of dollars and case the New York Stock Exchange for a possible attack— Jake A. Douglas separate file

Toledo 2006 Three men in Toledo, OH, seek to join the fight against the US in the Middle East but fail to get in while attracting the attention of an informant who trains them— Meagan Woodall separate file

Did anybody find one?

Gatlin  posted on  2018-07-12   15:58:38 ET  Reply   Trace   Private Reply  


#6. To: nolu chan (#3)

I made my post before I read down this far. Am I going to find in your post here, the case Matt Agorist refers to in his article?

Gatlin  posted on  2018-07-12   16:08:45 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#0)

Title: Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity

How much do they charge? Can they provide any references from other customers?

Tooconservative  posted on  2018-07-12   16:11:41 ET  Reply   Trace   Private Reply  


#8. To: Gatlin, Deckard (#5)

Come on now, I find it impossible to believe the U.S. Court of Appeals for the 3rd Circuit ruled that the TSA can ABUSIVELY FONDLE your genitals. The reason I find it impossible to believe this and extremely difficult to believe anything else in this article is because it is authored by Matt Agorist and published in The Free Thought Project.

The court did not precisely say what Matt Agorist claimed.

https://www.scribd.com/document/383740599/Pellegrino-v-TSA-15-3047-3rd-Cir-11-Jul-2018

nolu chan  posted on  2018-07-12   16:15:23 ET  Reply   Trace   Private Reply  


#9. To: Gatlin (#5)

The underwear bomber 4 2009 A Nigerian man tries to blow up a US-bound airliner with explosives in his underwear but is subdued by passengers and crew—Matthew Spade separate file

I'm not gonna waste my time debunking all of your "claims" that TSA is "saving us all from the "terrists". The agency is nothing more than "security theater", like those unconstitutional DWI or license and registration roadblocks and firewood checkpoints.

You've been a TSA apologist and police state cheerleader as long as you've been posting online. And the fact of the matter is, very few of your laundry list of incidents even involved airports.

'Underwear bomber' was working for the CIA

The majority of your incidents were false-flag ops, covertly orchestrated by the FBI and/or the CIA.

The shoe bomber 4 2001 A British man tries to blow up a US-bound airliner with explosives in his shoes but is subdued by passengers and crew>/i.

PROBLEMS SURFACE WITH SHOE BOMBER STORY

With the hard evidence available to date, it is perfectly reasonable to conclude that the entire incident on Flight 63 was set up as a psychological reinforcer, designed to re-sensitize Americans and others to air travel, especially over the Christmas period and in the run-up to the Winter Olympic Games.

The TSA, who has never stopped a terror attack and is unable to stop 95 percent of the tests against its tactics, gropes and molests children and adults alike — who unquestioningly accept it.

You get that Parsons?

Ahhh...why am I wasting any more of my time with a Stasi mofo and gooberment worshiper like like you anyways?

At your age, you probably look forward to being groped by anyone.

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-12   16:36:10 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#9)

For Posting Comments
Ahhh...why am I wasting any more of my time with a Stasi mofo and gooberment worshiper like like you anyways?
Because you continually try to show you’re half as smart as I am....and you continually fail to do so every time.

But don’t give up....you keep on trying, ya hear.

Gatlin  posted on  2018-07-12   18:23:16 ET  Reply   Trace   Private Reply  


#11. To: Gatlin (#5)

Come on now, I find it impossible to believe the U.S. Court of Appeals for the 3rd Circuit ruled that the TSA can ABUSIVELY FONDLE your genitals (with immunity)

Probably a typo. They meant, "Federal Court Rules TSA Can Absolutely Fondle Your Genitals With Impunity."

I hear that TSA applications are up.

misterwhite  posted on  2018-07-12   18:34:34 ET  Reply   Trace   Private Reply  


#12. To: misterwhite (#11)

Funny ...

Gatlin  posted on  2018-07-12   18:37:06 ET  Reply   Trace   Private Reply  


#13. To: Deckard, Gatlin (#9)

like those unconstitutional DWI or license and registration roadblocks

https://law.justia.com/cases/federal/appellate-courts/F2/429/884/433114/

United States v. Croft, 429 F.2d 884 (10th Cir. 1970)

United States of America, Plaintiff-appellee, v. Leamon Lee Croft, Defendant-appellant, 429 F.2d 884 (10th Cir. 1970)

U.S. Court of Appeals for the Tenth Circuit - 429 F.2d 884 (10th Cir. 1970)

September 1, 1970

Louis A. Mankus, Cheyenne, Wyo., for appellant.

Richard V. Thomas, U. S. Atty. (Tosh Suyematsu, Asst. U. S. Atty., Cheyenne, Wyo., with him on the brief), for appellee.

Before LEWIS, Chief Judge, JOHN R. BROWN, Chief Judge,* and SETH, Circuit Judge.

LEWIS, Chief Judge.

The defendant-appellant was found guilty by a jury on each of four counts of an indictment charging violations of the Dyer Act, 18 U.S.C. § 2314. Counts one through three charged the unlawful interstate transportation of certain forged bank checks, and count four charged the unlawful interstate transportation of a check protector. Concurrent sentences were imposed on each count. The defendant now challenges the validity of his arrest, the evidentiary fruits of the search of both his automobile and his motel room, and his identification by witnesses at trial by claim of impermissibly suggestive photographic identification made prior to trial.

Defendant was operating his automobile eleven miles east of Pratt, Kansas on the morning of July 10, 1969 when he was stopped at a roadblock by an officer of the Kansas Highway Patrol. The officer later testified that he was conducting driver's license checks on his own volition and that defendant's car was the first he had stopped that morning. After discovering that defendant did not have a driver's license and that there was an opened bottle of liquor on the front seat,1 the officer arrested defendant for both violations and placed him handcuffed in the patrol car. The officer then returned to defendant's automobile and searched the glove compartment, finding a key to a room at the Wilcox Motel in Syracuse, Kansas and ten suspicious looking checks. The officer did not extend his search immediately but obtained a search warrant using the checks as a basis for probable cause. A subsequent search of the vehicle uncovered no additional evidence.

The owner of the Wilcox Motel testified that defendant rented a room on July 8 for two days. Shortly after noon on July 10 the local county attorney and county sheriff came to the motel and were permitted by the owner to search the room that had been rented to defendant. This search disclosed, in addition to personal effects, a cardboard box containing a check protector. These items were retained by the motel owner in his office, but several days later an agent of the F.B.I. called at the motel and took possession of the check protector. At no time was a search warrant shown to the motel owner.

At trial, witnesses identified defendant as the man who cashed three forged checks in Cheyenne, Wyoming similar to the ones found in defendant's car. The motel key, the checks taken from defendant's car, and the check protector were admitted into evidence over objection. Expert testimony established that the check protector had been used in drawing the forged checks.

Defendant does not contend that a Kansas law officer cannot make a lawful warrantless arrest where, as here, a misdemeanor is committed in the officer's presence nor that a properly administered driver's license check is not a proper police function. See Myricks v. United States, 5 Cir., 370 F.2d 901, cert. denied, 386 U.S. 1015, 87 S. Ct. 1366, 18 L. Ed. 2d 474; Lipton v. United States, 9 Cir., 348 F.2d 591. Defendant does argue, however, that the stopping of motor vehicles without probable cause for the purpose of driver's license checking is a procedure so inherently subject to abuse that such roadblocks can be constitutionally justified only when they are set up as a command decision and not at the initiation of a single patrolman. We must reject this distinction as a constitutional requirement. The evidence in the case at bar shows no past or present abuse of the practice and does show general departmental authority given to the individual patrolman to conduct discretionary driver's license checks. Defendant was not singled out for this check but was simply the first car stopped. We conclude that he was both lawfully stopped and arrested. It follows that the search of his car, although not justified as incident to his arrest, was made with probable cause under the mandate of Chambers v. Maroney, 399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419, 1970. Both the lack of a driver's license and the open discovery of contraband were sufficient cause to premise the limited search made at the scene of arrest.

The subsequent search of the motel room and seizure of the check protector are subject to more serious question. We hold, however, that defendant does not have standing to challenge these actions, for the basis of defendant's complaint must rest on some invasion of his right of privacy. And although it is clearly established that a guest in a hotel or motel room is entitled to protection against unreasonable searches and seizures, Stoner v. California, 376 U.S. 483, 84 S. Ct. 889, 11 L. Ed. 2d 856; Lustig v. United States, 338 U.S. 74, 69 S. Ct. 1372, 93 L. Ed. 1819, still the protection is dependent on the right to private occupancy of the room. When the rental period has elapsed, the guest has completely lost his right to use the room and any privacy associated with it. The manager of the motel may then freely enter the room, rent the room to others, and remove any belongings left in the room. These belongings may be retained and eventually sold by the motel to pay for back rent.2 Since after the rental period expires a guest has no right of privacy, there can be no invasion thereof. See United States v. Cowan, 2 Cir., 396 F.2d 83.

The owner of the Wilcox Motel testified that defendant's rental period expired at noon on July 10, before the officers entered the motel room. It follows that there was no invasion of defendant's right of privacy.

Defendant argues that the expiration of the rental period should not control in this case because his arrest prior to check-out time prevented him from returning to the motel and perhaps extending the rental period. We are not persuaded by this argument for it was defendant's own conduct that prevented his return to the motel.

Defendant lastly contends that he was prejudiced by photographic identification procedures prior to trial which were "so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification." Simmons v. United States, 390 U.S. 377, 384, 88 S. Ct. 967, 971, 19 L. Ed. 2d 1247. Mrs. Clifford, a witness who identified defendant at the trial, was unable to identify a photograph of defendant from a group of three black and white photographs on July 14. She picked out two colored photographs of defendant on August 11, however, from a group of three colored photographs and one black and white. Other witnesses who identified defendant at trial were also shown this second group of photographs.

Considering the circumstances of this case, we hold that the photographic identification procedures were not impermissibly suggestive. That two pictures of defendant were shown at the second photographic identification was not, in itself, improper. See United States v. Baker, 2 Cir., 419 F.2d 83, cert. denied, Dinorscio v. United States, 397 U.S. 976, 90 S. Ct. 1086, 25 L. Ed. 2d 265. The witnesses' in-court identification had a sound basis in personal observation since each had an opportunity to view defendant in a face to face confrontation lasting several minutes. There is no evidence that the F.B.I. agent who showed the photographs did anything to emphasize defendant's picture. The searching cross-examination by the defense counsel developed adequately the discrepancies in the description of the man who cashed the checks, the uncertainty of some witnesses in their identification, and the possible inadequacy of the photographic identification process. Finally, the inability of one witness, Mr. Nation, to make a photographic identification, although he identified defendant at the trial, suggests that the government's techniques were not overly suggestive.

Affirmed.

* Of the Fifth Circuit, sitting by designation

1 Driving without a valid license is a violation of Kan.Stat.Ann. § 8-235, and transporting an opened bottle of liquor in the front part of the car is a violation of Kan.Stat.Ann. § 41-804

2 See Kan.Stat.Ann. §§ 36-201 to 36-205.

- - - - - - - - - -

Michigan Department of State Police et al v Stiz et al, 496 US 444 (1990)

Held: Petitioners' highway sobriety checkpoint program is consistent with the Fourth Amendment.

At 454-55:

Unlike Prouse, this case involves neither a complete absence of empirical data nor a challenge to random highway stops. During the operation of the Saginaw County check-point, the detention of the 126 vehicles that entered the checkpoint resulted in the arrest of two drunken drivers.

Stated as a percentage, approximately 1.6 percent of the drivers passing through the checkpoint were arrested for alcohol impairment. In addition, an expert witness testified at the trial that experience in other States demonstrated that, on the whole, sobriety checkpoints resulted in drunken driving arrests of around 1 percent of all motorists stopped. 170 Mich. App., at 441, 429 N. W. 2d, at 183. By way of comparison, the record from one of the consolidated cases in Martinez-Fuerte showed that in the associated checkpoint, illegal aliens were found in only 0.12 percent of the vehicles passing through the checkpoint. See 428 U. S., at 554. The ratio of illegal aliens detected to vehicles stopped (considering that on occasion two or more illegal aliens were found in a single vehicle) was approximately 0.5 percent. See ibid. We concluded that this "record . . . provides a rather complete picture of the effectiveness of the San Clemente checkpoint," ibid., and we sustained its constitutionality. We see no justification for a different conclusion here.

In sum, the balance of the State's interest in preventing drunken driving, the extent to which this system can reasonably be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program. We therefore hold that it is consistent with the Fourth Amendment. The judgment of the Michigan Court of Appeals is accordingly reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

https://www.scribd.com/document/383746927/Michigan-Department-of-State-Police-et-al-v-Stiz-et-al-496-US-444-1990-Roadblocks-Checkpoints

nolu chan  posted on  2018-07-12   19:07:52 ET  Reply   Trace   Private Reply  


#14. To: Deckard, Stoner, Everybody (#9)

I'm not gonna waste my time debunking all of your "claims" that TSA is "saving us all from the "terrists".
Okay, I will make it easy for you. Then just tell show me one terrotist attack carried out at an airport in the US when the TSA was on duty.

I say....just ONE.

Surely as bad as some of you say the TSA is....you can name ONE successful terrorist attack at a US airport.

Maybe, Stoner can help you.

How about it, Stoner....can you name ONE.

After all, you were in complete agreement with Deckard as you so stated in your Post #1,

You can’t either....can you, Stoner.

“ROTFLMAO.”

Gatlin  posted on  2018-07-12   19:54:16 ET  Reply   Trace   Private Reply  


#15. To: Deckard (#9)

And the fact of the matter is, very few of your laundry list of incidents even involved airports.
What....WHAT?

Let’s hear that again.

And the fact of the matter is, very few of your laundry list of incidents even involved airports.
That’s right....and were there any terrorists attacks carried out at the US airports with the TSA on duty?

Gatlin  posted on  2018-07-12   19:58:49 ET  Reply   Trace   Private Reply  


#16. To: Gatlin, Deckard, Stoner, Police State Terrorism, Totalitarian Trump goons (#14)

Okay, I will make it easy for you. Then just tell show me one terrotist attack carried out at an airport in the US when the TSA was on duty.

I say....just ONE.

Terrorist LEO goons attack passenger drag off airplane, so that they can give his seat to a FOP* approved elite.

Terrorism by TSA and other badged aholes happens frequently.

If you ain't cop, you're little people ~Gatlin, Misterwhite, Fire Island

*Fraternal Order of Police

False gods. FAKE!

hondo68  posted on  2018-07-12   20:20:59 ET  (1 image) Reply   Trace   Private Reply  


#17. To: Gatlin (#14)

" How about it, Stoner....can you name ONE.

After all, you were in complete agreement with Deckard as you so stated in your Post #1,

You can’t either....can you, Stoner.

“ROTFLMAO.”

Gatlin, with all of your self professed/claimed analytical skills, you totally fail to grasp the significance / meaning of what I stated in # 1.

To repeat: " "Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity "

This, combined with Shitlerly skating, Obutthole skating, all of the FBI & DOJ skating, along with instances of other malfeasance, all add up to the public losing belief in Rule of Law.

THIS IS NOT GOOD FOR THE COUNTRY !!! "

In this original OP, this was another case of Official authorities abusing the public. As everyone here knows you are a cop sucker, and have a HUGE authority fetish. You never, ever will admit when an authority figure abuses their authority !! You are of the opinion that anyone in that position is above the law and CAN DO NO WRONG !!

I never made any claim either way about TSA stopping any terrorist.

There is a growing feeling / opinion in this country that political elites / cops / anyone in a position of authority is above the law, and that common citizens are peons to be abused.

That is an extremely dangerous occurrence in our nation.

Besides religious freedom, being abused by the " nobles " was another big reason why our ancestors came to America. For a quick example, watch the movie " Braveheart "

You with your fetish proudly cheer any abuse by authority's.

Before the US liberated Europe, the Nazis threw their weight around. The locals being unable to do anything suffered greatly. Until they " took the law into their own hands " and Nazi's started showing up dead with throats cut, screw drivers driven into their necks, etc.

You think you are so smart, yet you are dumb as a box of rocks !!

You are cheering / defending tyrannical behavior, and don't realize what that behavior is setting the stage for, the repercussions.

I can not speak for you, but I took the oath 4 times, and it did not have a expiration date on either occasion !!

If you ever did take the oath, you obviously did not understand it !! You obviously believe that MIGHT MAKES RIGHT !!

What you are cheering on is going to lead to a nightmare OF ANARCHY. But you are too stupid to understand that, nor the repercussions thereof !!

And some wonder why some of the cop assassinations have occurred. I do not condone those, but I think I have a clue about why.

Anyone with a basic grasp of history, will see what is going on, and what it can lead to!

Thankfully, most of the LEO's in my AO have their heads screwed on tight, and don't think like Gatlin. They would view Gatlin as a childish wanna be.

Hey Gatlin, LMAOAYDS

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-12   21:08:11 ET  Reply   Trace   Private Reply  


#18. To: Stoner, Gatlin (#17)

To repeat: " "Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity "

The only immunity is from a tort claim under the Federal Tort Claims Act (FTCA).

nolu chan  posted on  2018-07-12   22:07:32 ET  Reply   Trace   Private Reply  


#19. To: Stoner, nolu chan, Everyone (#17) (Edited)

To repeat: " "Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity "

This, combined with Shitlerly skating, Obutthole skating, all of the FBI & DOJ skating, along with instances of other malfeasance, all add up to the public losing belief in Rule of Law.

THIS IS NOT GOOD FOR THE COUNTRY !!! "

I simply cannot undersand how you can possibly say “this” ("Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity") “is not good for the country” when that is not in anyway what the United States Court of Appeals for the Third Circuit in Pellegrino v. United States Transportation Security Administration, No. 15- 3047 (3d Cir. 2018) ruled.

You may read the entire ruling in the PDF link at the bottom of this post. It is lengthy, so to save time, I have reprinted a Justia Opinion Summary of the ruling:

After a confrontational screening at Philadelphia International Airport in 2006, during which police were called, Pellegrino asserted intentional tort claims against TSA screeners. Under the Federal Tort Claims Act, the government generally enjoys sovereign immunity for intentional torts committed by federal employees, subject to the “law enforcement proviso” exception, which waives immunity for a subset of intentional torts committed by employees who qualify as “investigative or law enforcement officers,” 28 U.S.C. 2680(h). The Third Circuit affirmed the dismissal of Pellegrino’s suit, holding that TSA screeners are not “investigative or law enforcement officers” under the law enforcement proviso. They “typically are not law enforcement officers and do not act as such.” The court noted that the head of the TSA, the Under Secretary of Transportation for Security, has specific authority to designate employees to serve as “law enforcement officer[s]” 49 U.S.C. 114(p)(1). An employee so designated may carry a firearm, make arrests, and seek and execute warrants for arrest or seizure of evidence. Screening locations are staffed by both screening officers and law enforcement officers.
Pay close attention while reading the summary and the ruling in the PDF and you will find that NOWHERE in the ruling does it say anything….ANYTHING AT ALL….about where a Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity. It is just NOT in the ruling and it NEVER happened.

Yet your screamed that “THIS IS NOT GOOD FOR THE COUNTRY" when “THIS” never happened….never happened in any way whatsoever.

In his suit, Pellegrino merely “asserted intentional tort claims against TSA screeners.” That is what the suit against TSA was all about. It had NOHING to do with genitalia at all!

The Federal Court Rules TSA Can Abusively Fondle Your Genitals With Immunity headling is an intentional fabricated LIE meant to dupe people and solicit support to condemn TSA and the government, while it definitely is as nolu chan sated in Post #19: “The only immunity is from a tort claim under the Federal Tort Claims Act (FTCA).

PDF: Pellegrino v. United States Transportation Security Administration, No. 15-3047 (3d Cir. 2018)

I hope and trust that you now better understand this situation and I thank you for your time …

Did I get this right, nolu?

Gatlin  posted on  2018-07-12   22:59:55 ET  Reply   Trace   Private Reply  


#20. To: Gatlin (#19)

Did I get this right, nolu?

Yeah, pretty much. Just for clarity, a tort is a civil wrong or damage. Until 1946, the federal government did not waive its sovereign immunity regarding torts. The FTCA was enacted in 1946 to grant a limited waiver of sovereign immunity and resulted from a 1945 incident where a B-25 bomber flew into the Empire State Building. Previously, the only available tort relief was a private bill in Congress.

nolu chan  posted on  2018-07-13   11:57:51 ET  Reply   Trace   Private Reply  


#21. To: nolu chan, Stoner (#20)

Did I get this right, nolu?

Yeah, pretty much. Just for clarity, a tort is a civil wrong or damage.

Thanks.
for clarity, a tort is a civil wrong or damage.
I linked to that in my post for Stoner’s edification.
... a 1945 incident where a B-25 bomber flew into the Empire State Building.
I remember the incident well, from newspaper articles and radio news reports at the time.

Gatlin  posted on  2018-07-13   12:37:08 ET  Reply   Trace   Private Reply  


#22. To: Stoner (#17) (Edited)

In this original OP, this was another case of Official authorities abusing the public. As everyone here knows you are a cop sucker, and have a HUGE authority fetish. You never, ever will admit when an authority figure abuses their authority !! You are of the opinion that anyone in that position is above the law and CAN DO NO WRONG !!

Great rant - you nailed Gatlin BUT GOOD!!

There is a growing feeling / opinion in this country that political elites / cops / anyone in a position of authority is above the law, and that common citizens are peons to be abused.

I agree, but it's falling on mostly deaf ears. In 21st Century Amerika, the police/surveillance state has become The New Normal

Next year, the first generation of Americans who weren’t yet born on September 11, 2001 will come of age. They’ll graduate high school. They’ll get jobs. They’ll vote.

What they will not do, because they can’t, is remember: Remember a time before the 9/11 attacks, or the changes in American society that took place in the aftermath of those attacks. They won’t be equipped to yearn for better days that they’ve only heard about at second hand from their parents and grandparents.

They won’t remember a time when one could walk into an airport and get on an airplane without risking sexual assault in public by employees of the Transportation Security Administration.

They won’t remember a time before the domestic national security state was consolidated under an overtly nationalist label more appropriate to its creators’ police state aspirations: The Department of Homeland Security.

They won’t remember a time when the incidence of police “checkpoints” conducting unconstitutional searches in the name of stopping DUIs and drug trafficking ranged from exceedingly rare to non-existent (and when they were fewer than now for immigration enforcement in the 100-mile wide “constitution-free zone” on the borders and coastlines), or when there weren’t cameras at every intersection and scattered between to watch them whenever they left their homes.

Because they won’t remember those days, all the evils we’ve allowed the state to impose upon us since 2001 will seem, well, normal to them. And from normality follows permanence.

*****

It's somewhat understandable that kids would become accustomed to this police state dystopia, but for crying out loud - Gatlin is old - old enough that he should be able to remember when this really was a free country.

Has he simply not seen the countless infringements on our lives, or has he always been a cheerleader for the State and a slave to gooberment authority?

“Truth is treason in the empire of lies.” - Ron Paul

Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.

Deckard  posted on  2018-07-13   12:52:25 ET  Reply   Trace   Private Reply  


#23. To: Deckard (#22)

" Has he simply not seen the countless infringements on our lives, or has he always been a cheerleader for the State and a slave to gooberment authority? "

I suspect that he has always been a cheerleader. Probably when growing up, he got tired of being beat up by the little girls in his neighborhood. His fantasy was to have power. He imagined having a gun & badge would make him a Johnny Bad Ass. In his bubble head, he relates to cops, and would like to have the power he thinks they have. He thinks that they are gods and are unopposed, and can do whatever they want. In his alternate universe, society is composed of peon's, and those with the power ( cops, govt elites, etc ). Consequently, those with power have full right to abuse / oppress the peons. In his pea brain, if you oppose their abuse, you are a cop hater.

He really is delusional. If he were just 4% as smart as he thinks he is, he would not have to constantly proclaim he is smart. I think he really has an inferiority complex. As well as being obsessive, like his obsession with libertarians. It does get boring

I can understand defending cops when they have done their job, and are correct. After all, if we did not have good cops, our society would devolve to a jungle ( it is close enough as it is ). But to ignore bad cops ( like the current affairs of the FBI ) Then allow that bad behavior to fester, the cops & elites would become like the Waffen SS / Gestapo. Again a very bad society. To do that is to ignore the lessons of history. Power corrupts, and absolute power corrupts absolutely. Ignore history at your or society peril. Again, when they are wrong, it should not be swept under the rug and defended. And simple reality is cops do sometimes make mistakes and are wrong, even though most are good and do right. Cops are like any other group of people, there are good ones and bad ones. The good ones should be defended, and praised. The bad ones should be corrected, and not defended. It should not be ignored. But he never condemns them when they are wrong. NEVER !! That is blind obsession and NOT even handed. Oh well.

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-07-14   17:12:45 ET  Reply   Trace   Private Reply  


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