Going through airport security manned by the TSA is an unpleasant at best, panic-inducing at worst experience, and it definitely helps to know what to expect and what you can do to ensure that you are harassed as little as possible. The TSA is absolutely horrible at informing travelers as to the procedures they will face (often times declaring that they are “sensitive security information” and therefore cannot be published) and those working the checkpoints often misrepresent the rights and responsibilities of travelers (sometimes to be intentionally difficult, but generally because they were poorly trained).
So, here’s what every traveler should know before they collect their boarding pass at a U.S. airport:
- You have the right to opt-out of the body scanners and request a pat-down. Unless your boarding pass indicates that you are subject to heightened security, which will be denoted by four S’s in big bold letters, you may simply tell the person running the body scanner that you “opt out.” Try to keep a close eye on your belongings while they find someone to pat you down.
- You have the right to take pictures, video, and audio recording. It can be comforting to many to know that they may document their interaction, especially if it looks like there’s going to be a problem. You can take pictures, video, and audio recordings of the entire screening process with the following two exceptions: a) you can’t take pictures or videos of the x-ray monitors, and b) you can’t hold your belongings (including a camera) while you’re walking through the body scanner or metal detector, or while receiving a pat-down, but you can have a travel companion who has already been cleared do so on your behalf. If the TSA ever denies you the ability to record your interaction other than for those two exceptions, please contact me.
- You have the right to request the TSA’s video of your experience! Video from security cameras is almost always a public record covered by the federal Freedom of Information Act or similar state laws. Generally, the video is in the possession of the local airport authority, so your request should be made to them, but I highly suggest sending simultaneous requests to both the TSA and the airport. How? Read about submitting FOIA requests to the TSA.
- You have the right to carry medicinal liquids as a carry-on, even if they are over 3 ounces. Any liquid that you need for a medical purpose must be permitted through the checkpoint. It does not have to be a prescription, and you do not need a doctor’s note. If you have diabetes, you can easily justify a bottle of Gatorade. If you have a baby, you may bring breast milk. You also need not detail your condition for the TSA; simply take the items out of your bag to be separately screened and let the screener know that the items are medical liquids.
- You have the right to fly without ID. If you forget, or lose, your ID, you may still travel. They will simply verify your identity by calling in your information. Leave extra time for the process, but fear not. Note that if you can, but simply refuse to, show ID, the TSA’s policy is to refuse to screen you, although that policy does not exactly square with court rulings.
- You have the right to speak to a supervisor. Blue-shirted TSA screeners come in 4 varieties, represented by 0 through 3 stripes on their shoulders. 0 = trainee, 1 = Transportation Security Officer (TSO), 2 = Lead TSO, 3 = Supervisory TSO. If you have a problem and the person with whom you are speaking has less than 3 stripes, ask for an STSO. If the STSO still gives you trouble, ask for a Transportation Security Manager (TSM), who will be wearing a suit. A TSM is required to be on duty in the airport; do not believe any assertions that one is not available — they are. Finally, if the interaction with the TSM is still unsatisfactory, you may ask to contact the Federal Security Director (FSD), who is a regional airport director and may not be on-site but generally has staffers who are. Another resource is the TSA’s national “TSA Cares” hotline. While the name is a misnomer, as the TSA certainly does not care, they may be of assistance at (855) 787-2227.
- You have the right to make a complaint. Ask for a comment card on your way out, and the name of anyone who made your TSA experience more unpleasant than usual. You can also file your TSA complaints online, but it makes them more nervous when you ask for a paper copy.
- You have the right to request a police officer supervise. Did the TSA just ask to conduct an invasive search on your person? Feel free to request that airport police supervise the situation. Most, but not all, airport cops understand that the TSA is a disaster and that 0% of the times the TSA has demanded absurd levels of screening has the target actually been a terrorist. As the saying goes, “‘I just caught a terrorist!’ said no TSA employee ever.”
- You have the right to refuse to take off anything but outer garments. This includes, obviously, your clothes, but also includes any medical devices, prostheses, etc. The TSA is not permitted to conduct strip searches. If you are asked to do anything to the contrary, contact a supervisor and airport police.
- You have the right to refuse screening. I cannot stress this enough: if the TSA demands that you continue screening in a private room, you should refuse. You may miss your flight, but think about it: if the TSA does what you see at the checkpoint in full view of the world, you can only imagine what they will do if they determine you need “private screening.” And, if you can’t imagine, let me fill you in: they will be touching your genitals with the front of their hands. Know also that the TSA has not successfully leveled a fine or any other penalty against anyone for refusing screening, and their current policy is to simply escort the traveler out of the checkpoint. Your airline will almost certainly re-book you at no cost. It is your body, and your choice — do not let the TSA persuade you otherwise. Just remain calm and firm.
Finally, if you have a negative experience, please don’t keep your story to yourself. I would love to hear your story and may be able to help you to find resources to help. Be in touch. And, please share, print, and distribute to help others avoid TSA assholery.
“Jon Corbett is a civil rights advocate known for filing the first lawsuit against the deployment of TSA nude body scanners, as well as defeating the body scanners live in “How to Get ANYTHING Through TSA Nude Body Scanners. Presently a law student, he continues to advocate for travel and privacy rights. Twitter: @_JonCorbett, Web: https://professional-troublemaker.com/“
Fighting for civil rights in court is expensive! Want to contribute to the fight against government assholery? Donate via PayPal, Venmo, Chace QuickPay, Bitcoin, or check
Professional Troublemaker ® 
From your writing I detect that you are now resigned to follow TSA orders unless they do something that is not standard operating procedure. You were such a TSA protester. Do you still fight to have the TSA practices abolished period?
I’ve probably been kicked out of more airports than anyone else in the country. It’s not that I suggest submission, but most people aren’t willing to do things that may cause them to miss their flight. I’ll continue my court battles against the policies while advising people as to the best they can do while still getting to fly.
I am flying to DW with two kids in the fall. Do you have any information on what I can expect in reguards to screening children? Do they have a screening process? What can be refused? I’ve heard that I can bring juice for my toddler, but I can not find what age this is no longer allowed. Any advice?
You’re actually in luck. Children *and their families* do not get sent through the body scanner — metal detector only. If there is a pat-down because the metal detector alarmed, it is modified to be slightly less invasive. I’ve never heard the juice thing, but something like a single juice box is unlikely to be detected.
I did not realize this, thank you! I have pushed this trip back for years because I’ve seen videos of TSA patting down kids and just couldn’t stand the thought of it.
Complaints Describe Border Agents Interrogating Muslim Americans, Asking for Social Media Accounts:
https://theintercept.com/2017/01/14/complaints-describes-border-agents-interrogating-muslim-americans-asking-for-social-media-accounts/
Keep up the good work. As you mentioned, most of us do not think it worth while to miss a flight just for the hopeless reason to asserting our rights with TSA. But, sometimes when I am at the airport with gobs of time to spare, I will politely defend my rights. For example, a late night TSA check in MSP I found especially stupid (I have a shoulder replacement that always sets off metal detectors – thus I love the body-scanners). To to facilitate their pat-down I removed my shirt. Wow. What a reaction. “You can not remove your shirt.” “I am not allowed to touche bare shin so you have to replace the shirt.” After 20 minutes of fun, I finally put my shirt back on and the TSA then patted down the chest he just seen naked. What a farce. Still, gave me an interesting memory. So, what is your right to remove exterior clothing if you desire? I understand occasionally some have gotten naked and gotten through the screening that way. I would think if I stripped down to a speedo I would not be violating any indecency laws? Or a woman should be able to strip to butt cheek biki bottom and pasties on her nipples? What are your thoughts on this?
The policy is that they don’t pat down bare skin, but that means they just skip any bare areas, not that you’re required to put more clothing on. There have been many protesters who have gone through in underwear or completely nude, with varying success… definitely worth a google search.
In some states (e.g. NY or NH), women don’t have to wear a shirt anywhere a man doesn’t. It’s possible that an airport may have a rule like a restaurant “No shoes, no shirt, no service”, but I’ve never seen one.
Excellent info- thank you! Haven’t flown for years since this fiasco began…
Awesome post, thanks! It’s good to see some good news around here.
By the way, did you do something with your hair?
Sheriff David Clarke Detains Man for Looking at Him the Wrong Way on Airplane:
http://www.wisn.com/article/milwaukee-man-accuses-sheriff-clarke-of-abuse-of-power-after-airport-detention/8607801
U.S. Can Search Mobile Phones at Border, Canadian Minister Says:
http://www.newsweek.com/us-search-mobile-phones-border-canada-545996
Fear Materialized: Border Agents Demand Social Media Data from Americans:
https://www.eff.org/deeplinks/2017/01/fear-materialized-border-agents-demand-social-media-data-americans
Inspector General: TSA uses secrecy to avoid embarrassment:
https://papersplease.org/wp/2017/01/20/inspector-general-tsa-uses-secrecy-to-avoid-embarrassment/
Invasive Digital Border Searches: Tell EFF Your Story
As part of our work to combat what we believe to be unconstitutional practices at the border, and to better understand how the Trump Administration’s new policies may be changing border practices, we would like to hear your stories.
Please let us know if a U.S. official at the border examined your cell phone, laptop, or other digital device; asked for your device’s passcode or ordered you to unlock or decrypt it; or asked for your social media handles.
We would like to hear from everyone, but especially if you are a citizen or permanent resident (green card holder) of the United States.
Please tell us:
•Your legal status in the U.S. (citizen, permanent resident, visa holder).
•What airport or border crossing you were at.
•What devices you had with you.
•What border agents specifically demanded (including social media handles and passcodes) or what they specifically looked through.
•Whether border agents recorded any information.
•Whether border agents stated or suggested that compliance with their demands was voluntary or mandatory.
•Whether border agents threatened you in any way.
•Whether border agents stated any reasons for their demands.
https://www.eff.org/deeplinks/2017/02/invasive-digital-border-searches-tell-eff-your-story
Daniel Black Sues Sheriff David Clarke Jr. for illegally detained and questioned him about his political views during a flight from Dallas to Milwaukee.
“While boarding the flight, Black saw a man that looked like Sheriff Clarke wearing clothes emblazoned with the logo and colors of the Dallas Cowboys football team. Black asked the man if he was Sheriff Clarke, and Sheriff Clarke responded that he was,” the complaint states. “Black moved towards the rear of the airplane and shook his head. Sheriff Clarke asked Black if he had a problem. Black shook his head no and continued walking and took a seat in the rear of the airplane.”
According to the complaint, there was no more interaction between Black and Clarke during the flight.
But once Black got off the airplane, he says Clarke was waiting for him near the gate and motioned for deputy sheriffs to stop him.
Black claims he was arrested and two deputies interrogated him for about 15 minutes, asking him questions about his political opinions.
“A reasonable Milwaukee County sheriff would not have ordered his deputy sheriffs to stop, arrest and interrogate a citizen for shaking his head,” the complaint states.
http://courthousenews.com/milwaukee-sheriff-sued-over-airport-detention/
One such international treaty that Trump is violating with his order is the 1954 International Treaty on Refugees. Which states “Article 3. – Non-discrimination
The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.” This is one of the few human rights treaties the US has actually signed and it certainly provides protection for some of the refugee children Trump’s order sent back. And remember, an international treaty has the same force of law as our Constitution. I am sure there are lots of other treaty rights that Trump has violated with his order.
A cell phone may be searched under the border search exception:
A cell phone may be searched under the border search exception. While the Fifth Circuit hasn’t decided the issue yet, it soon will be [see quoted n.4, infra]. United States v. Molina-Isidoro, 2016 U.S. Dist. LEXIS 183368 (W.D. Tex. Oct. 7, 2016):
Read More:
http://fourthamendment.com/?p=25676#more-25676
Social Media at the Border: Can Agents Ask for Your Facebook Feed?
Sophia Cope, an attorney with digital rights group Electronic Frontier Foundation says, if border agents do seize your phone, they have to return it—although that can take weeks or even months to do so in some cases. She says Americans who are really concerned about their privacy might consider deleting apps or wiping content from their device before they arrive at the border. (Though travelers with brand new phones, or ones that contain no data, might also arouse suspicion and lead to an interrogation).
As for the border patrol, the agency believes searches of social media and travelers’ devices are well within its rights. The reason lies with the so-called “border exemption”—a legal rule that puts border searches outside the Fourth Amendment, which requires a warrant for search and seizures. Travelers should also note this exemption doesn’t exist only at the frontiers of Canada and Mexico. It can also apply at immigration areas in inland airports, and in a so-called “border zone” that extends 100 miles inland.
Finally, the situation is totally different for those who are not American citizens. Foreigners can, of course, refuse to answer certain questions or refuse to share their social media information, but border agents can respond by refusing them entry to the country. (As for green card holders and others with residency rights, most legal scholars think they are in a grey area).
Social media searches at the border are likely to become more common in the near future, especially given President Trump’s desire for aggressive immigration enforcement. While Congress or the courts could step in to limit such searches, that could take years.
http://fortune.com/2017/02/08/social-media-at-the-border-can-agents-ask-for-your-facebook-feed/
Help. I will be traveling through DFW in June with my 13 year old son. How do I protect his rights if THEY DID THIS TO A CHILD YESTERDAY???
http://www.wfaa.com/news/local/mother-livid-over-sons-treatment-by-tsa-at-dfw-airport/425887403 I am in shock and I fear what I would have done if this happened in front of me.
The video in that article seems to me to be their standard procedure. You can always make them stop and leave the checkpoint, but, of course, you won’t be able to fly.
If this outrages you, let your Congresscritters know.
So I was prechecked for TSA from SFO United flight and went through the scanner, was told to step aside and wait , then asked for my phone and then when I asked why , I was told I was selected for random screening and within moments they took my phone took out the SIM card , scanned it in their computer and then returned my phone. I felt violated , humiliated and scared. I am an OB/Gyn who was in SFO to attend a conference and this was a purely domestic flight. Don’t know what to do???? Who to complain and can I even complain. Of course I am a woman of color .
Did you have any HIPAA related or PHI related info on your phone? If so wouldn’t that be a violation of confidentiality? Maybe a consult with an attorney might provide more info for you? Sounds like a very awful experience!
I know. This is all too fresh and stressful
this is why I don’t fly anymore – but some have to I know.
Hi TA, sent you an e-mail.
My poor wife. She had a crazy ordeal at Sky Harbor (Phoenix) at security. My wife went through the body scanner and it said that she had something on one of her underarms and at the bottom of her leg. The agent, a woman, had told her that she either be searched there on the spot or in a room. My wife, not trusting them in a room, she told them right there. My wife thought it was going to be a normal pat down, she was wrong. She searched her underarm that was in question, told her she would search underneath her breast (through her shirt) and the agent not only searched underneath her breasts, but in between them too! She then proceeded to search her waistline! My wife felt so violated that she was wanting to cry so bad. As her being a rape victim and being molested as a child, she was really shook up. Especially since they did not tell her what they supposedly found nor did they tell her all they were doing. While the female agent was searching her, a male had asked if he could help but the agent said no. If the male agent had gotten involved, I would have been placed in handcuffs. The agent was so insistent on searching those “areas” because the “scanner” couldn’t be wrong; yet, nothing was found.
Hi, I’m planning to fly to LA from JFK airport in New York possibly in July. I will be vlogging along the way in the airport process. I understand that I have the right to film but not record any TSA equipments. I was wondering if the TSA have the right to touch my camera or me physically before accusing me? The question I’m asking may sound too simple but I hope to get more insight and deeper information on it so I know my rights while traveling. Thanks!
The TSA will screen your camera, which will require you to part ways with it briefly. In order to get the full encounter, you need to have someone else film you.
My wife just had the same experience today as TA had. On top of that, her phone will no longer power on. Her phone doesn’t have a removable SIM card.
I was just denied the right to film them pay down my wife. First they used an open box of gloves on the table to pat her down in line and said it was positive for chemical. Then made her go to a private room to do another search. I requested to video the interaction and was threatened that they would call the police. Then I went back with her to monitor the search and once again they used an open box of gloves to search her again. The rubbed her very firmly almost knocking her over. Then said oh sorry it was nothing…. What can I do?
Hi Jerry,
To answer your question:
1) For the future, you can say, “Go ahead, call the police” next time. I know most people don’t particularly want to deal with cops, but it’s better than being bullied. Also, if the men in blue give you a hard time, ask for a “Transportation Security Manager.” It’s a guy wearing a suit rather than a blue-shirt guy. If a blue-shirt guy tries to tell you he’s the supervisor (they often do), re-iterate that you want a TSM, not a “supervisor.”
2) If your wife was injured, go to a hospital and have it documented.
3) The issue of whether you have a right to film a private room screening is actually not settled, as far as I know. You have the right to film at the checkpoint, but I know of no law that says you may not film in the private room, nor of any case where someone has successfully sued because they were denied that right. If you’ve got money to burn, contact a 1st Amendment lawyer local to the airport.
–Jon
My husband was pulled in for a strip search tonight after leaving a flight. He and 3 other passengers. He was not told why. He just called me very upset. It was a domestic flight from Anchorage to Seattle. Again, it was AFTER his flight. How is this happening ??
Can you find out by whom. It is very unlikely it was the TSA.
He said it was TSA and some other guy in a suit. It would have been at like 4 am after a sleepless flight. I’m sure he was pretty out of it and complied as most of us would. He was pretty traumatized by it all. Just a bad night of travel for him over all.
Please find yourself an attorney who specializes in false arrest…. this may be a case financially worth pursuing.
Reblogged this on Jean Strong.
Thanks for posting this! Next time I am confronted with a “pat-down” that leaves my chest sore for 2 days, I will know how to handle it better. I filed my complaints with the TSA, ACLU and sent letters to my state’s federal representatives. Is there any other action I can take?
Just discovered this great site, wish we had one in Australia. Some years ago I opted out somewhere, maybe the US, and was given a full touch down incl the bits between the legs. I didn’t really mind, but two days ago, unbeknown to me, I found that recent government regs here had removed the opt out, so, not wanting to be mm irradiated, I was forced to opt out of my international flight ex Australia. They also ban using any flight for 24 hours, whether to be (further) punitive, or maybe disseminate one’s details world wide. I’m still investigating possible follow up, including FOI for any govt file on me, as I suspect I’m now also a professional troublemaker.
I fly all the time – 44 flights this year. Today I was “randomly selected” in the precheck line at MSP for a body scanner – ok, no problem, happened before. The scanner alerted on my earbuds in my pants pocket, and the TSA agent said it’s either pat down or be escorted out. I relented but not without berating the TSA agents for sexually assaulting me. They wouldn’t let me just do another scan either – it was genital groping or nothing, even though the scan clearly showed an alert on my outer right thigh.
Flash forward 4 hours, I’m coming back to MSP from MCI. I’m the only person in precheck line and get “randomly selected” – with no option for scan. Straight to sexual assault.
This has never happened to me before. I am so angry, so violated, so hurt. CNN articles said less than 1% of travelers get a groping…what are the chances of it happening twice in one day by coincidence? 1 in 10,000.
I’ve already emailed my senators and i’m working down the list of representatives. The TSA is harvey weinstein in bureaucracy form. Rape is not a policy.
1 in 10,000 – this feels like they flagged me somehow as retaliation. It’s just too strange to be a coincidence.
Just gropped by a TSA agent. Seriously? Sliding your hand against my vagina is sexual assault. I thought their special machines were supposed to see through everything. Fuck them. #MeTooTSA
Request, please. In future, could you use “MeTooByTSA”? It’s a little thing, but the more who use it the better. Thanks so much.
Jon,
The TSA has touched my vagina 4x now. Each time they say it’s because they detect something in my genital area showing me the yellow blob on the screen. I wear black stretch pants. Today the TSA woman said that it’s because women are under more scrutiny in our genital area. So even if it’s just baggy material it will set it off. I am a victim of sexual assault so this is not only humiliating but traumatizing. What rights do I have?
I can’t advise you of your rights; you need an attorney for that. I can advise you that contacting your U.S. Representative and Senators is a good start, as they have the power to fix the TSA.
TSA has made this claim: “contact with Plaintiff’s genitals, if any at all, was incidental and occurred through the course of a typical security pat-down.”
As they have said they are not targeting the genital area (and will not use the term “genitals” when describing the pat down), you need to insist that a police officer take a complaint from you.
Also, try to get as much publicity about this as possible.
Finally, please consider using this hashtag: #MeTooByTSA
What are your thoughts on this one…after being told we were TSA “pre-screened” by American Airlines for our flight to and from Mexico for my combination vacation/business meeting trip, I was “pre-selected” coming back to the US (they had a printout with my name on it) for a pat down and inspection of my carry on containing two hardback books, a couple of magazines, my laptop, personal cigar container and various power cords for my laptop/phone/fitbit. Mind you, I’m flying first class and did so last year as well. AND last year they did the same damn thing to me. They never bothered with my wife even though she had two carry on bags and one was twice the size of my laptop bag.
We complained to AA but got the standard issue “Transportation Security Administration regulations prohibit us from discussing the actual details of why a particular traveler has been selected to avoid compromising the purpose and integrity of the process.”
I can relate: https://professional-troublemaker.com/2015/07/09/sometimes-im-a-trusted-traveler-other-times-i-may-be-a-terrorist/
Yesterday I was flying home from a conference out of Dallas Fort Worth airport. I hate being touched by strangers, so I am always meticulous about preparing for airport security – nothing in my pockets, no belts, simple basic clothing, a pair of pants I’ve worn through body scanners many times before. This time I was told “please step aside, the scanner has signaled a problem in your groin area and you will need to be patted down.” I was shocked – I can’t imagine what set off the scanner. I said No, I don’t want anyone to touch my groin. I asked if I could try going through the scanner again. I asked if I could remove my pants so they could search the pants and visually see I had nothing to hide. I asked if I had any alternative screening options. From my first sign of reluctance, the officer had immediately yelled for a supervisor, who as soon as he arrived began yelling at me throughout this process, and kept saying “You’re not getting on your flight without this search.” So, after getting a no to all my questions, I said “Ok then, I won’t get on the flight.” I did not want my crotch groped, and so I figured as awful as it was, I would rather give up my flight, rent a car, and drive home. The “supervisor” (blue shirt) yells at me in response (in response to me saying that I don’t want to be touched and I would rather leave) that if I don’t submit to the search, I will be placed under arrest and searched anyway. He implied that “search” would be far less pleasant, and I would miss my flight anyway.
This didn’t sound right or legal to me. I knew that TSA often does not even follow their own rules, and can apply them inconsistently and at the whim of the agent – but I always believed that at the very least you could decline everything and simply exit the airport. However, I didn’t know for sure. If the agent/supervisor was lying about me having the right to leave, even if I did have that right, what else might they do that they weren’t supposed to? I knew they could make things extremely unpleasant for me, especially if they were refusing to acknowledge that I had a right to walk away, so I stood there crying and shaking while the agent put her hands down my pants, (I also thought the patdowns had to stay above the clothes!!????) felt all around the front and rear of my crotch, definitely touching my genitals and inner cheeks… then wiped her own hands as well as my hands with that little cloth and scanned it. Upon finding nothing, of course no apology for the experience. She did at one point ask if I wanted to go to a private room for the screening, but I refused as I thought being in public view was my best defense against things getting even worse. I had no travel companion to take into the room with me either.
I was traveling alone and felt violated and assaulted. I thought about asking for their names but I had no confidence that wouldn’t result in some kind of retaliation, I figured if nothing else they could easily stick me in a room until I’d missed my flight and subject me to even less pleasant searches, and if their arrest threat was real could hold me for 24 hours without even any cause.
So now I am home, and was researching – it seems that I DID have the right to refuse, that they should have walked me out of the security area and that would be that. From your site, it seems I could even rebook my flight and try again? Do you just hope for better luck with the scanner and agent the second time around, or wait a few hours and hope the shift has changed, or what?
So I believe that by telling me I could not leave when I asked to leave, and that I would be arrested, that my rights were violated. What is my recourse? Also, what can I do to prevent this from happening in the future? Never flying again is sadly not practical, though i am considering it. Can I wear a bathing suit to go through security? Is that allowed, and would it help? If they can’t pat down bare skin, that still leaves all the bathing suit areas vulnerable – is a bathing suit safe from scanner alerts, assuming you’ve truly got nothing in it other than yourself? And wait, if they can’t pat down bare skin, how could she put her hands inside my pants?? Is there any way to prevent this experience from happening again?
Also, I read on another site that Sikh men have religious beliefs that they can’t remove their turbans, or have them touched by anyone else. So, they are allowed to pat down their own turbans with their own hands and then have their hands swiped with the cloth to test for whatever they test for. If so, WHY on earth can’t we do our own crotch patdowns with the same method??
Hi Emily,
Reading your story, I believe you have cause to talk to an attorney. If I were in that situation, I would sue for false imprisonment and unlawful search, as there is no law that allows them to arrest you for refusing a search. Please act quickly as your time to gather evidence (such as the security camera footage) may expire quickly, not to mention statutes of limitations on the claim.
Thanks,
–Jon
Hi Jonathan,
Thank you for your response and advice! Should I look for an attorney local to me (Colorado) or local to where the incident happened (Dallas Fort Worth airport)? Also, I saw the link on your page to file a complaint with the TSA – if I intend to speak with an attorney, should I wait to talk with them before filing a complaint or should I file the complaint immediately?
PS – If for some reason you decide not to get an attorney, contact the media. Google for local reporters who have covered TSA stories in the past and e-mail or call them. “Woman told by TSA that she would be arrested if she didn’t let them search her groin” is a headline that they will assuredly be interested in.
Emily, also please file a complaint with the DHS IG:
https://hotline.oig.dhs.gov/hotline/hotline.php
Although you didn’t get names, give as complete a description of each person as possible, give time, date, checkpoint number – anything to identify, including the clothes you were wearing.
I agree with Jon: get an attorney and request the attorney demand the CCTV coverage of the checkpoint.
You can FOIA the airport authority for that CCTV coverage if you don’t want to hire an attorney.
I neglected to say how sorry I am that this happened to you, but to also thank you for beginning to make this public.
Further, TSA MUST be required to tell people that their genitals will be searched and to stop using the euphemism “groin.”
A few months ago I was going through security on a flight to visit my boyfriend. They took me aside saying that they found “explosive residue” in my bag and that they’d have to pat me down and search my bag as policy. I asked that they search my bag in a separate room since it had sex toys in it. Two men took me back and searched it while I was watching without incident, although it did make me feel very uncomfortable. I was expecting this to some degree; I’ve had my bag checked for not being very transparent under x-ray before. When they began the pat-down they told me that they could do the screening in the back. I told them to do it in public both to protect myself and also to make sure that what they did was seen. I wasn’t told I could leave the line and I wasn’t given enough warning for each step of the pat-down. They told me that they would “put a hand on my thigh and move upward.” I was surprised when they touched my crotch, and they touched it somewhere between six and eight times, but it’s hard to remember because I was not coping well with what was happening to me. They also put their hands over my breasts and ass. I was furious and afraid and was visibly shaking. I think in part they may have done this because I’m MTF transsexual so my thick underwear (a gaff) and less-common body confused them or made them suspicious, like I was another underwear bomber or something. I also frequently wear several layers of clothes at once and that may have made it more difficult for them. They stepped aside and talked to eachother a few times, but I couldn’t hear what they said. I hurriedly packed my bags and left after they said I was clear. Unable to gain composure, I was visibly and publicly upset through two flights. I’m now massively afraid of TSA checkpoints and airports in general. It took a lot for me to make the trip back home. They took me aside to check inside my hood and it terrified me, but that was all they did. When one of the flights back was cancelled (to my horror) I elected to sleep at the airport instead of going through security again. I’m not entirely sure I want to take another flight ever again.
The thing is, I’m mostly not mad at the men who did the search. They didn’t give me enough warning, and they didn’t tell me I could leave, which is a fault in their training, but they acted professionally. They seemed pretty uncomfortable with what was happening too. They were definitely suspicious of me, patting down one of my knees like three times for some reason, but that’s their job. What I’m left with is an overwhelming feeling that this problem is systemic. The problem isn’t these men doing their job, but the existence of the job itself. We have an environment where people are taken aside and subjected to invasive searches under threat of missing a flight, a big investment for most of us, and given little or no information that that flight can probably be refunded, that we are allowed to leave the line, that our luggage will not be taken away if we refuse, and that it is not illegal to refuse a search. Actually I’m still not sure all of those things are true. Policy among airlines may vary for refunds and I found a* post on the TSA website saying they can charge a LOT of money if you refuse, but I don’t know how that works in practice.
I’m not sure what my legal recourse here is. It’s been long enough that I’m not sure there’ll still be footage if I file a FOIA request and as far as I can tell nothing they did was illegal, or at least “illegal enough.” It seems like routinely feeling people up under duress is the official stance of the government. I’m tremendously bitter about this. I don’t think what I went through is uncommon or exceptionally severe and I don’t want to go through an embarassing and difficult legal process if it’ll get me nowhere or if all that happens is two workers get fired only to be replaced.
I may be preaching to the choir here, but I want to say some stuff about the TSA in general. TSA screenings are known** to be ineffective. The gross incompetence of the TSA doesn’t imply to me a scientifically-informed security procedure engineered by experts. I think that these screenings exist to line the pockets of politicians through lobby money and screening equipment manufacturers through sales, and to provide a “tough on terrorism” campaign appearance for politicians. The GSA, an organization known*** for embezzlement or something like it, (not a lawyer) auctions off everything pulled out of TSA screenings worth selling. These screenings are a racket. We’re expected not only to put up with invasive, traumatizing screenings for the promise of safety which doesn’t exist, but to pay for it too through taxes and our confiscated possesions. Touching someone’s body like this under duress, even with “consent,” is sexual assault. I was publicly violated by two men as an innocent person for nothing other than having glycerin or nitrates or something on my bag and I’m far from alone. These screenings need to stop.
*https://www.tsa.gov/blog/2010/11/16/opting-out-advanced-imaging-technology-and-pat-down-doesnt-fly
**http://abcnews.go.com/US/tsa-fails-tests-latest-undercover-operation-us-airports/story?id=51022188
***https://www.washingtonpost.com/politics/gsa-conference-went-over-the-top/2012/04/04/gIQAi23suS_story.html
I found this page directly through a search, but I just realized that I’m -really- preaching to the choir as far as the TSA’s effectiveness at least. 😛
Mica, please consider using this hashtag whenever possible: #MeTooByTSA Ask you friends who have suffered similarly at the hands of TSA to do the same. Thank you.
Hey Mica, apologies for the delay. I tell all my family and friends this: never go to the back room, ever. Miss your flight if necessary, just don’t do it. Let them go through your sex toys in public — I promise they’ll be more embarrassed than you!
Jonathan, recently I have read several reports of TSA screeners grabbing people on exit from body scanner and physically assaulting the without warning. IIRC, TSA is to advise and obtain you (under duress) consent before touching you. Has this changed recently? If not, what is your advice to people who are touched without warning by TSA? Thanks.
I’m so glad I found this post; I recently took a trip and while my family and I were at the security and screening point at SFO Airport, a male employee deliberately dropped my expensive new laptop out of its protective case onto one of the trays and it landed with a loud clack that my family all heard. We were all (my family and I) eye witnessed to this incident. He did not even bother to apologize about his rude and disrespectful behavior toward my personal item. Neither did he give me time to take my laptop out of its case myself. I’m still angry about this unacceptable behavior. Unfortunately, I was unable to get his name or complain to a manager since we were in a rush to board our flight; but I will never forget his face or the external and internal damage he did to my laptop. (Dented its outer lid and caused internal damage to the system- it no longer functions as it did prior to the trip, and near in mind this was still a new laptop, it was running fairly smooth with no hitches before). I already filed a complaint online but I want responsibility to be taken for the damage caused to my laptop. Do you happen to have any suggestions for any further action I can take? It would be much appreciated.
https://www.tsa.gov/travel/passenger-support/claims
I’ve had lymphedema (significant leg swelling) due to lymph node removal from cancer for 7 years. In those 7 years, I’ve flown multiple times. I opt out of the x-ray screening and elect the pat down and never, ever has it been an issue. I just tell them I have thigh high compression on one leg (because it’s thick with a thick, wide band at the top of my leg so they will feel it) and they pat around it and it’s a non issue. I flew from Phoenix to Chicago this weekend and the trip there was totally fine. On the way home, as always, I tell the screener that I have a thigh high stocking on and she goes and talks to her supervisor who tells her I have to have a “thorough screening”.
So, she pats me down as normal and then says I have to go into a private screening area. My child, who had TSA PreCheck is already through security and is sitting there waiting for me, watching this whole thing. I explain to the woman that my child is waiting there and I won’t be able to see her but, they insist. I go into the area with 2 female screeners. The one who has been conducting the screening says they have to swab “all openings” to my leg stocking. So, she swabs around my toes and then makes me pull the waistband of my pants down to my crotch so she can swab the entire way around my thigh – she is swabbing right at my underwear line all around my leg, including my inner thigh, right by my genitals. This is completely uncomfortable but I don’t say a word until she tells me I have to TAKE MY PANTS OFF! I looked at her stunned and the other TSA agent also looked stunned and asked if that was totally necessary. The 1st agent says that she was told that I had to have a thorough screening and so she has to visualize the entire compression garment and so I have to take my pants off. I said no way, absolutely not and the 1st screener is insisting. As this point, I’m in a tiny room with these two women, I’ve been completely felt all over my entire body, I’ve had this woman rubbing swabs all over my inner thighs, my flight leaves in 30 minutes, I can’t see my child and I don’t know what to do. The second screener is on my side and saying she doesn’t think that’s necessary, I’ve pulled my pant leg up, I’ve taken the waistband of my pants down and there’s nothing left to see. The 1st screener finally relents and doesn’t make me take my pants off but, I could not even believe this was happening.
I walk out in tears, shaking and upset and ask to speak to the TSA supervisor who told the screener that I had to take my pants off. The guy at the desk is like “what the heck!!!” who would tell you to take your pants off. I explain the situation to him and he’s looking pretty horrified. Another agent comes up and starts defending the 1st TSA’s behavior saying that the rules have changed and she was doing what she’s supposed to be doing. I told her I just flew 3 days ago as well as 4 weeks ago and none of this happened. She is completely unsympathetic and says the rules have changed, they can make you take your clothes off if needed to conduct a thorough search.
Hi. I was previously told by a TSA agent that since I am pre-check I do not have to have my hands swabbed just because I have a baby in a carrier when going through the metal detector but on my last trip an aggressive agent insisted on swabbing. Do you know of this rule? Can I refuse the swab?
I recently went to Oakland Airport Ca. my body scan apparently had a high body temperature so they said they needed to pat me down. They asked if I needed a private room I said no do what you need to do here…I had a high waisted yoga pants on..she started to roll my pants down and put her hand between my skin and the pants…maybe 1.5inches of her fingers then I fixed my pants and she begun to search my legs got really close to my virgin when I said okay now..you cant touch me there. Then she gave me a look and continued on…afterwards she says I guess your just HOT I said okay, I can take that as a compliment. Somehow, I left bothered by it all. I am flying Spirit. Is this behavior acceptable?
Hi Claudia,
I’m not aware of TSA monitoring temperature. If you were on an international flight, you may have interacted with CBP, not TSA.
Either way, this sounds like misconduct and I hope you follow up with a complaint.
Thanks,
–Jon
I am writing about my experience with the U.S Customs and Border Protection.
My experience was not courteous, dignified or professional.
I was returning from a trip to the Dominican Republic. I arrived from Punta Cana to Chicago Midway Airport on September 29, 2018. Flight 1999
I was randomly selected to be screened which is understandable.
I was asked how many days I spent in Dominican Republic, who I was with and where I stayed. I answered all of those questions.
ThenI felt i was being interegated rather than being screened.
The female African American officer became rude. The tone of voice and body language became aggressive.
I was then pressured to answer a question that I couldnt answer.
She asked me about a previous trip to Africa. A trip from earlier this year. She asked me how many days was I there. I replied that I did not know how many days , which was the truth. I did mention that the entry and exit dates are in the passport which she had in her possesion.
I felt like it was a crime to even have visited Africa.
She said I was being evasive because i wouldnt tell her a number.
I did not want to guess or lie or make up a number.
I was then told i made it harder for my self and would have to extend my time in screening.
I was told to place my bags on the table to be searched. This i understand but there was nothing illegal or dangerous found.
I then was asked the same questions by 3 other officers who were far more courteous, dignified and professional.
I was still forced to wait and I asked what was the issue I was told it was my fault for not saying how many days I was in Africa.
I was recording the audio of everything and they found out . They forced me to delete it. They said i couldnt leave until i deleted it.
That last sentence sounds actionable to me — contact a First Amendment attorney.
In April I was taking an international flight at Kennedy NY. the airline flight board outside the terminal told me the plane was now boarding which I was checking every five minute earlier flights had announced and lines began to form. so surprised going through TSA only to be held up by a trainee I was patient enough I could not believe they did not have a training course off site to prepare tsa officers.
The trainer had to instruct the trainee how to pat me down and they struggled to comunicate after going through metal detecting the medical steel in my body which took enough time 10 min plus shoes checking my luggage discombobulated to miss my flight and cause me to spend another $600 for another flight.
I’m was totally frustrated being fleeced and basically in a rage when they they where like oh well that’s the way it goes.
Looking for info online and haven’t yet found anything, but came across your blog. If TSA feels a need to look in your carry-on (pre-check lane, if that matters), can they just pull your bag through their little window in the x-ray machine and start going through it (unzipping compartments and taking stuff out) right from their chair, without saying anything to you (beyond “whose bag is this?”) and without you there next to them as they search? This happened to me today and I am PISSED…thanks in advance!
Wow!! I’m sitting here in the airport as I type this because this EXACT same thing just happened to me and I’m looking for any information which would suggest that this is permissible behavior on the part of TSA. Does anyone have any answers? I spoke up, loudly, and insisted that while I was fine with him searching my bag, I wanted the bag in my presence. His response? “There’s cameras everywhere.” before begrudgingly bringing the bag to the end of the belt where I was located to continue and conclude his search.
I complained to a supervisor who insisted that this is protocol and once you acknowledge your bag with an affirmative response to their question “Whose bag is this?” you have given a “defacto” authorization to the search. Huh?? Again, I had absolutely no problem with a search being conducted, just felt I have the right to keep an eye on him as he paws through my jewelry.
Am I wrong?
Hi John
I wish I had read this before getting molested by a TSA agent in Seattle two days ago. Maybe overstated but the agent told me to pull up my jeans as far as I could and put and held his hands on my genitals. I have never felt so degraded and angry. I couldn’t sleep for most of the night and have been stewing for days.
While the new policy does not “mandate” touching genitalia do I have any recourse?
Thanks for any thoughts,
If the screener used the front of his hands (finger tips or palm) he violated policy; otherwise, he probably didn’t.
Hello,
Yesterday (February 26th 2019)
Going through DCA airport security at approximately 1715
I was complying all the way up to the body screening machine including taking all my liquids out, belt and shoes off, and everything out of my pockets.
I politely asked the “gentleman” at the conveyer belt, if it’s possobke for me to avoid using the “radiation machine”
He says “so you’re opting out?”
I say I just don’t want to go through the radiation one.
He says “so you’re opting out.”
I say “sure, I’m opting out”
After another agent is called over, he takes me and my belongings to a table, and try’s to tell me he’s going to pay me down. (He didn’t speak English well at all) and I had to ask him three times to repeat what he said. Finally he clearly said pat you down, to which I refuse.
After this this TSA agent called for a supervisor
Who comes over to tell me my options are either get irradiated or patted down.
While this is happening, a female TSA agent that was running the X-ray machine my luggage went through walks up and tried to talk my backpack which had all my valuables in it.
I refused her letting her take my stuff away from my sight, all while three TSA agents are heckling me, and telling me I’m not even allowed to touch my own belongings. Finally they get an officer involved, and that’s when I start questioning him about my constitutional freedoms. I told him that he can’t just search me or my belongings without suspicion of a crime. He blew that off saying the airport has a policy. Well I have my supposed constitutional liberties.
They finally told me I was either going to be patted down, go through the radiation screener or I wasn’t flying.
I very begrudgingly took the radiation route, and after the assholes still rummages through my stuff, not even looking for anything it appeared, just throwing my stuff around as punishment for standing up for what I thought weee my rights.
This was the most humiliating thing to happen to me involving government workers, and no way anyone is going to tell me I was in the wrong.
Thank you for your time.
I am writing to tell you about an inappropriate search by TSA Agents while traveling from Tulsa OK back home to Las Vegas NV.
I am TSA Pre-Check and have a hip replacement. I was subjected to further screening after going thru the required Body Scanner. This happens all most every time since my replacement so no big deal. However, this Agent not only touched my groin area but requirement me to go to a secure screening room because during my pat down she felt my feminine hygiene pad. During the secure screening, I was made to pull my shorts and underwear down to my knees, remove and show the agent my pad. TSA Agents were fully aware of the Hip Replacement that could set off the scanner and with being TSA Pre-Check and full NAKED BODY SCANNING, I’m sure they could clearly see I was wearing a pad.
This was extremely demeaning, embarrassing and I was mortified. I travel frequently for business and have done so for many many years. I have been searched many times in the past but have never been subjected to this type of screening in the past. To my knowledge – Are they allowed to force me to remove my underwear?
Rhonda, thank you so much for your courage to speak out. I fervently hope that these agents will have the book thrown at them.
My wife was brutally strip searched by TSA tonight at OAK. I am outraged beyond belief; nobody should be subjected to such an experience. Worse, she says similar experiences have happened “at least a dozen times” since 2001. I am just stunned. I had no idea this kind of treatment is authorized. Any advice would be appreciated. Thank you.
If you’d like legal advice, please use the contact info on corbettrights.com
I was on the verge of tears after missing my flight. I cannot believe my encounter with Honolulu TSA. I really hate how authoritative they are. I was rushing after check in with Sun Country. Sun Country have individuals check in with an actual live individual. The line was ridiculous but that’s how things go. I had 20 minutes to get through TSA. I needed water as I have an overactive thyroid that drains me of energy faster normal. I have radiation scheduled the second week of September 2019. As I’m waiting to go through the screening, this butch TSA lady targeted me. I was waiting normally like everyone else. She chose me out of everyone to try to strike up a conversation with. I thought her question was stupid and ridiculous. She asked if i normally travel alone. I didn’t feel like talking to her and was focused on getting to my gate. They pulled me out of the line because I was exhibiting unusual behavior. All because I didn’t want to answer a stupid question. I’m 27. I’m an adult. I felt that question was unnecessary. The butch could have asked how my day was. That would have been fine. They did 3 pat downs. I was honestly in tears. I ended up missing my flight because of all of this. Fortunately, I have a good friend who works for an airline. I have another flight tomorrow. Hopefully, I don’t experience the same TSA employees.
I was a flight attendant for almost 30 years. Just came back from a trip to Florida and was totally searched by a TSA agent in FL. I was told that my FAA card can be forged even though it has a chip. I also have TSA pre-check. Guess all my credentials DO NOT.mean squat! I was making aprox. $50.00 an hour – what do these ?sshol?? make? I feel they are on a power trip.
The tsa rough pat down or sexual assault as I call it occurred on Sept 4th. I still have problems from it. I have filed a complaint through my Senator. If this complaint does not bring satisfaction to me, I want to take this to court. I hope to get others to join me. Are you interested?