THE CREEPING COUP: HOMELAND STASI SEARCH URBAN BUS RIDERS

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INDIANAPOLIS STAR - Screeners from the Transportation Security
Administration checked passengers at two downtown city bus stops this
morning, looking for weapons and suspicious behavior. David Kane,
federal security director for TSA in Indianapolis, called it a "VIPR"
operation.

"It's called Visual Intermodal Prevention Response. We have plainclothes
inspectors, blue-gloved uniformed security officers who are checking
baggage, the behavior detection officers, and federal air marshals,
which are the law enforcement arm of TSA."

Security stations were set up at bus stops at Capitol Avenue and Market
Street, and Ohio and Meridian streets. Some passengers were patted down
or submitted to having bags checked. TSA said the searches were
"by-permission," meaning patrons could decline to be checked. Those who
did would not be turned away, an official said, unless they otherwise
appeared to be a security threat.

http://www.indystar.com/apps/pbcs.dll/article?AID=/20070802/LOCAL/70802006


BLUE DOT RED FIELD, DAILY KOS - Federal agents, including Air Marshals
were present and patted people down, looked in bags, and performed
"behavior" tests for the stated purpose of finding weapons and people
who were a threat to public safety. . .

20 or more agents of the federal government came to Indianapolis,
downtown, and setup two search stops for those wanting to ride the bus.
People could decline, legally, but only if the knew they could.
Traveler safety was the excuse, but in reality all the were on an
explicit fishing operation that included everything plus "behavior
detection officers."

Did people even know they could decline the search?  That is unclear.
But at least one report indicates that they TSA weren't even aware of
local law. Indiana allows licensed individuals to carry firearms and
accepts permits from other states for individuals to carry firearms as
well.  We have the highest per capita concealed carry population in the
nation and the TSA was not even aware of our laws.
"My wife has a cousin who lives in Indy and he was one of the lucky ones
volunteered for a pat-down. He, like me, recognizes the value in being
prepared for one's own self defense. The screener asked if he could be
patted down for weapons to which he responded "I'll save you the
trouble, my licensed handgun is on my right hip." The screener thought
he was joking. Once she realized he was serious she announced that there
was a situation and called in the reinforcements.

"He was told rudely 'YOOOOUUU CAN'T CARRY A GUN AROUND HERE!' And he
replied 'I bet I can, this isn't an airport...' By then a supervisor
walked over, took a quick look at his Kentucky CCW and asked the
Indianapolis PD next to him if it was any good. The Indy cop replied
that a CCW from any state or country is valid in Indiana. So the
supervisor declared in a loud voice to let him proceed, treat anyone
with a CCW like a cop and pass them on. Needless to say though, he had a
very quiet bus ride with lots of passengers staring at him the whole
time.
Aside from being galled at the concept of this kind of thing, I think
it's pretty sad that the federal security professionals need to learn
the rules as they go. One would think that if you were supposed to set
up a checkpoint to screen for weapons, you'd do a preliminary check to
see what was against the law in Indiana, what was permitted, etc. Goes
to show how arbitrary the whole thing is. "

So what was this operation, why was it needed, and what does it mean for
us all?

First, it was a clear encroachment on our 4th Amendment rights. Even if
it was legal (because individuals could refuse it), the fact that law
enforcement is searching people without cause is an encroachment.

Second, it was an encroachment done by the Federal Government in the
guise of proposed safety.  While Indianapolis has had crime problems,
the bus system has not been the hub of those problems.  Nor have any
federal crimes been committed on Indianapolis busses.

Third, it was a Federal operation performed by those who are not even
aware of the law.  Since they had no understanding of Indiana weapons
laws and were performing weapons searches, why should I have any
confidence in their understanding of, and care for Constitutional law in
regards to personal searches.

Fourth, it was a Federal invasion of civilians that used our federal tax
dollars to search bus passengers, who if criminal could have moved on to
the next bus stop or just declined the search.  The very same Air
Marshals that are supposed to be protecting our plans are searching
people at bus stops.  This operation could hardly have been an effective
expenditure of resources, especially as no reported arrests or
confiscations took place.

Fifth, the stops seem to be better explained as a test of what
encroachments Americans will accept, and the fact that only one article
has mentioned it, sparsely at that, makes their test a likely success
for federal agencies that seek to expand their powers.

So now it is up to us to decide, again, what is acceptable and what is
not.

http://www.dailykos.com/storyonly/2007/8/3/03736/76330

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