Airport Security: Understanding the Rules

By [http://ezinearticles.com/?expert=Joseph_G._Veenstra]Joseph G. Veenstra
Thanksgiving is just around the corner, and for many Americans that means time to empty all your liquids into 3-ounce containers, squeeze them all into one quart-size bag, remove your shoes and subject yourself to your choice of a nude (albeit anonymous) photo of yourself or an intimate pat-down by a stranger.
This leaves many of us cringing, complaining and sharing outrageous (usually embellished) stories of Transportation Security Administration agents amok with power. As travelers, we call it battery or an invasion of our privacy and blame terrorists, the government or both for encroaching on our rights.
Understanding the law, however, helps many people come to terms with the requirements of modern commercial flight. That doesn't necessarily make airport security more enjoyable, but it can make it more tolerable.
Invasion of privacy encompasses several different torts. One is unreasonably intruding on the seclusion or solitude of a person. Another tort is battery, an act that includes touching someone inappropriately and thereby causing harm. Keep in mind that to some folks, getting groped can be as bad as or worse than getting punched in the nose.
Whether one's privacy has been invaded is always based on what is reasonable under the circumstances. And in the case of TSA and airport security, the law provides for conditional invasion to try to increase safety. That means that if you choose to fly, you agree to accept that conditional invasion. And though it sounds harsh, people who feel violated by it can always choose not to fly.
That does not mean you abandon all privacy rights, however, if you do choose to fly. Here are the rules about what is lawful and what is not:
If an agent wants to scrutinize you after you go through the scanner, you can request it be done (a) in private, (b) with a witness or traveling companion and (c) with an agent of your same gender.
You cannot refuse to be touched if they think they need to touch you.
Strip searches are not permitted. You should not be asked for one, nor should you submit to one.
Advanced imaging technology (the cameras that take photos of what's beneath your clothing) is optional for everyone. If you refuse, however, you must go through alternative screening which includes a pat-down.
If you feel an agent is overstepping his authority, you can ask to talk to a supervisor, or   rel=nofollow [http://www.tsa.gov/contact/index.shtm]file a complaint with the TSA.
In addition to knowing your rights, it helps to follow these tips:
Don't joke around. Even goofily asking a question like, "Do I look like a terrorist?" can lead to additional screening and detainment.
Don't wear metal. The day of your flight is a good day to go sans belt and jewelry and wear steel-free, airport-friendly shoes.
Follow the 3-ounce rule for liquids. Don't try to carry any liquids or gels in containers larger than three ounces or more of them than you can fit into a quart-size zip-lock bag.
Follow rules for medicine. If you're traveling with medicine, be sure it's in its original, marked container.
Dress simply. The more screening agents can see of you, the less they have to wonder about.
Alert screeners to any metal appliances or any medical equipment attached to or inside your body.
Occasionally people will end up on the no-fly list when they should not be. If that happens to you, you can use the Department of Homeland Security's Travel Redress Inquiry Program, called DHS TRIP. This program offers a single point of contact for people who encounter recurring difficulties during travel screening. These would be people who are denied or delayed airline boarding, denied or delayed entry to and exit from the U. S. at a port of entry or border checkpoint and those who are continuously referred for additional screening. To file a complaint with DHS TRIP,   rel=nofollow [http://www.dhs.gov/files/programs/gc_1169676919316.shtm]visit its website.
For other instances where you feel your rights were violated, see an attorney. While those aforementioned outrageous stories are usually embellished beyond reality, there are occasions where under-trained agents exceed their authority. In those cases, it's wise to address the problem to prevent the agent from repeating the offense with other travelers.
Despite this advice, remember that hundreds of thousands of Americans fly every day without any incident at security checkpoints. Following the tips above will help you be counted among them.
Joseph G. Veenstra is an attorney with Johns, Flaherty & Collins, SC, ( http://www.johnsflaherty.com ), a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm.
Article Source: [http://EzineArticles.com/?Airport-Security:-Understanding-the-Rules&id=6707258] Airport Security: Understanding the Rules