DA promises to prosecute overly touchy pat downs
SAN MATEO COUNTY, Calif. (KGO) -- The
San Mateo district attorney's office has a warning for all TSA
personnel at SFO -- anyone inappropriately touching a passenger during a
security pat down will be prosecuted.
Incoming San Mateo DA Steve Wagstaffe says any complaints of
inappropriate touching during an airport security pat down will land on
his desk.
"The case would be reviewed and if we could prove the elements of it,
that it was inappropriately done with a sexual or lewd intent, that
person would be prosecuted," he said.
The charge -- sexual battery.
"If it is skin to skin, if someone were to take their hand and put it
underneath somebody's blouse and touch someone inappropriately and go
skin to skin, that's a felony, and if it's done simply over the
clothing, according to California law, that's a misdemeanor," Wagstaffe
said.
More pat down searches are expected because some passengers are refusing
to go through the image scanning device. Homeland Security announced
more scanners are on the way as part of the enhanced security measures
at all airports.
Homeland Security Sec. Janet Napolitano has said a passenger's privacy is protected.
"We built privacy concerns into the procedures when they were deployed," she said.
Not all travelers are buying Napolitano's claim.
"It's ridiculous and it's not safer, they are just doing it to have us
more fearful and there is no reason for it," passenger Cathlyn Daley
But many passengers at SFO do not mind the enhanced security.
"I would much rather go through a little uncomfortableness and know that
I will be safe or a least know that everything was done to protect me,"
passenger Suzanne Beaty said.
A few however, do.
"A stranger groping you basically," passenger David Barth said.
Passengers should know once they go through security, a TSA officer can ask them to submit to a pat down.
"At that point somewhere in that process you get to a point where you
can't withdraw and you will be searched whether you like it or not,"
ABC7 legal analyst Dean Johnson said.
Wagstaffe has yet to receive a complaint.
SFO security screeners work for a company contracted by the TSA but
undergo the same training and comply with the same regulations as TSA
employees.
As for the assurance that the images from body scanners are never saved, tech blog Gizmodo
obtained
100 saved photos after filing a request through the Freedom of
Information Act, just a few of the 35,000 photos that were stored on a
machine at the federal courthouse in Miami.
Gizmodo eliminated identifying features before posting them, but the
pictures demonstrate the security issues still being worked out with the
machines.
http://abclocal.go.com/kgo/story?section=news/local/peninsula&id=7793386
Submitted by Mark Stechbart