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Subject: Re: Racial Profiling - Semi-vent


Author:
Mallyn
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Date Posted: 09:39:14 10/14/02 Mon
In reply to: Raisinmom 's message, "Re: Racial Profiling - Semi-vent" on 04:28:25 10/14/02 Mon

>What I wrote was, that "pulling someone off the plane
>and not letting him go back on until he's answered
>security's questions or whatever is not an arrest." I
>think that's right, but if not, I like to be
>corrected. Note that I said "not letting him go back
>on" -- to be an arrest, I believe you need to remove
>all routes of exit, not just the one the person in
>question wants to take. So detaining someone in an
>airport completely may be arrest; saying that person
>can't go through a security checkpoint isn't.

Yes, that's right, but why is it necessary that an Arab male be let onto an airplane and then "pulled off" to answer security questions? Ask them up front. If they're just questions, ask everyone.

>I also wrote that "probable cause is not required for
>airline agents to ask questions before a passenger is
>permitted to board an aircraft." Jen has recast this
>as "you don't need probable cause to remove someone
>from a plane, detain and search them?" I said no
>probable cause to ask questions before boarding (and I
>assume that each and every one of us has been asked
>such questions, such as "Have you had your luggage in
>your control?") -- not to pull someone off, detain and
>search him. That's Jen's addition, and I don't know
>what is required there.


When you say
< >such questions, such as "Have you had your luggage in
>your control?">>

it becomes clear that there is no great expense asking questions. Now that case I mentioned does say something about a police officer asking someone to accompany them to a room because they are suspected of a crime. Even though it's "voluntary" consent, and technically they could go at any time, it is an arrest because, if I recall, of the intimidation factor.

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