Dear Secretary Napolitano,
It is with a heavy heart that I write this letter to you. I am an American citizen who has lived and worked overseas for the last eight years. My wife and I teach for American international schools. During our annual summer break we look forward to flying back to the United States to visit family and friends. However, this year thoughts of our return are filled with some anxiety about what we may face at the airport in Washington, D.C.
Recently, I was disheartened to hear the recorded interrogation of Steve Bierfeldt by Transportation Security Administration (TSA) officers at the St. Louis airport. The TSA officers’ actions were unconstitutional and indefensible. Under the 4th Amendment to the Constitution all Americans have a right to be secure in their person, house, papers, and effects, against unreasonable searches and seizures from the government. Unfortunately, the detention, interrogation, and search of Mr. Bierfeldt’s bag violated his 4th Amendment right.
By the time they detained him it had already been ascertained by TSA officers at the checkpoint that he did not possess anything that was illegal to take on an airplane. Additionally, he had not broken and was not suspected of breaking any law. During his detention, a background check run by officers indicated he had no previous criminal record. Thus, there was no probable cause to hold him. But, according to the TSA officers, they detained, questioned, and searched his bag because a large amount of cash and bank checks found in a box in his luggage made him “suspicious.” They first accused him of being a drug dealer and then of stealing the money. They threatened to turn him over to the Drug Enforcement Agency and the Federal Bureau of Investigation. Again, all because he possessed something that he had a legal right to possess but that in the eyes of the TSA officers made him look “suspicious.”
The most egregious aspect of his detention was the utter lack of respect of the TSA officers for Mr. Bierfeldt’s rights as an American citizen under the Constitution. They questioned him about his work, his employer, the money, and even why he was in St. Louis. The interrogation was reminiscent of another society in an earlier time and should not have taken place in 21st-century America. Under the circumstances, and aware of his constitutional rights, Mr. Bierfeldt certainly knew that he didn’t have to answer their questions. In fact, by answering many of their questions with “Am I legally required to answer that question?” he gave them plenty of opportunity to consider whether or not he was legally required to answer their questions. Instead, they told him, “It is not a question of the law" ... "You don’t have to understand the law, just answer the question"... and "Are you from this planet?” Their absolute disregard for guaranteeing their captive’s rights was scary.
Article comments
1 - Dr Dreadful
No, I don't agree that Mr Bierfeldt's Fourth Amendment rights were violated. The metal box could not be screened properly by the x-ray machine, so it needed to be opened and scrutinized further. That is not an unreasonable search.
Mr Bierfeldt simply had the misfortune to encounter a TSA officer who decided to be a dickhead - most probably because he was unused to anything other than meek, unquestioning compliance from passengers.
2 - roger nowosielski
So what's Kenn's beef, in that case? Another excuse to dump on Obama?
3 - Dr Dreadful
Well, airport screeners and immigration officers can be complete pricks, and that was the case before 9/11 as well. I don't think the customer service aspect of their training is addressed very well, although as a frequent air traveller I will say that things have improved over the last two or three years.
I'm with him on that, but I think he's picked an argument with a windmill here. There've been plenty of other genuinely egregious rights violations in the name of 'Homeland Security' to be concerned about.
4 - roger nowosielski
Right, like the Patriot Act or illegal surveillance.
5 - John
This letter clearly wasn't written by a security professional. I'm not sure what the intent was other than to fill their blog.
The suspect was evasive when questioned. That type of behavior requires a closer look.
6 - Yizmo Gizmo
He wasn't evasive. They exceeded their authority by inquiring about where the money came from and what he planned to do with it.
7 - Dr Dreadful
No, YizGiz, under the circumstances that was a reasonable question. It wasn't until the TSA officer wouldn't take No for an answer that he exceeded his authority.