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A Southern California man has become the latest person to sue the federal government over what he says is an unconstitutional search of his phone at the Los Angeles International Airport.
According to his lawsuit, which was recently filed in federal court in Los Angeles, Haisam Elsharkawi had arrived at LAX on February 9, 2017 and was headed to Saudi Arabia to go on a hajj, the Muslim religious pilgrimage.
After clearing the security checkpoint, Elsharkawi, an American citizen, was pulled aside from the Turkish Airlines boarding line by a Customs and Border Protection officer, who began questioning him about how much cash he was carrying and where he was going. Elsharkawi complied with the officer's inquiries and dutifully followed him to a nearby table.
"As the questioning continued and became increasingly aggressive, Mr. Elsharkawi asked if there was a problem and whether he needed an attorney," the complaint states. "Officer Rivas then accused Mr. Elsharkawi of hiding something because of his request for an attorney."
Soon after, another agent, Officer Rodriguez, began searching Elsharkawi's pockets and discovered his phone. Rodriguez asked Elsharkawi to unlock his phone, which he declined to do. He then also refused to answer further questions without having an attorney present.
Another officer told Elsharkawi that he was not under arrest and as such had no right to an attorney—at which point he asked to be released.
(Score: 2) by Runaway1956 on Friday December 21 2018, @05:57PM (5 children)
Unfortunately, at the end of a long, long legal battle, government will rule in government's favor. If the first trial goes to the complainant, the appeal will go to the government. If it has to go all the way to the Supreme Court, it will. Then if government doesn't like the ruling, they may well call on a secret court to make a superior ruling. In the end, we'll all lose.
(Score: 0, Interesting) by Anonymous Coward on Friday December 21 2018, @06:07PM (1 child)
... FROM A VIOLENTLY IMPOSED MONOPOLY???
(Score: 1) by fustakrakich on Saturday December 22 2018, @08:34PM
You mean an ELECTED VIOLENTLY IMPOSED MONOPOLY, right??
La politica e i criminali sono la stessa cosa..
(Score: -1, Flamebait) by Anonymous Coward on Friday December 21 2018, @06:19PM (2 children)
"In the end, we'll all lose."
You do not speak for ALL of us, you idiot.
Of course in order for you to realize that, you'd need to first not be an idiot. So I can see the problem you face.
Your life as a bottom-feeder must be miserable. Have you considered suicide ? You could in a single stroke make the world a better place.
(Score: 0) by Anonymous Coward on Friday December 21 2018, @07:07PM
You first, asshole!
(Score: 0) by Anonymous Coward on Friday December 21 2018, @11:24PM
You poor uneducated sap.
War doesn't determine who is right, war determines who is left.
- Bertrand Russell (1872-1970), English philosopher, author, 1950 Nobel Prize-winner in Literature
https://www.travelblog.org/Africa/Sudan/blog-168190.html [travelblog.org]
(Score: 1, Insightful) by Anonymous Coward on Friday December 21 2018, @06:02PM (19 children)
US!
At least some portion of his settlement should come from the grunts involved with the whole ordeal, make them get some actual evidence next time before handcuffing someone.
Also, refusing to unlock your phone is not a sign of guilt, and neither is asking for a lawyer when being unusually pressed by security personnel. Perhaps we need to make the ACLU an official government branch and have them put lawyers in every airport to oversee the air and meat heads.
(Score: 5, Insightful) by Anonymous Coward on Friday December 21 2018, @06:14PM
Considering that none of the TSA searches are constitutional. Why would you expect better of customs and border patrol, they believe the constitution doesn't apply to them. Unfortunately, the right wing has packed the courts with judges that agree despite it being completely without any constitutional basis. If the government isn't bound by the constitution in all situations and all places, then the constitution might as well be toilet paper.
(Score: 0, Insightful) by Anonymous Coward on Friday December 21 2018, @06:16PM (15 children)
"...make them get some actual evidence next time before handcuffing someone."
You assume you are privy to all the facts.
There may be classified reasons this person's phone was designated to be searched. You don't know whether that is the case and you most likely never will know.
Of course that doesn't prevent your SJW knee from jerking, because you're a dumb shit.
(Score: 5, Insightful) by sjames on Friday December 21 2018, @06:26PM (6 children)
Not buying it. Go back to your masters and be sure to tell them that as soon as you finish the ritual boot licking.
(Score: 0) by Anonymous Coward on Friday December 21 2018, @08:04PM (4 children)
You might want to go see a doctor about that jerked knee you got from that jumping to conclusions accident. When you fell I think it lodged that self-righteous stick even further up your ass.
(Score: 1, Interesting) by Anonymous Coward on Friday December 21 2018, @10:50PM
Exactly what conclusions do you think he is jumping to? Please be specific. He said he is just not buying the idea that there are "classified" reasons for why this guy was being detained and searched. Not wanting to jump to my own conclusions but why are you willing to give guys with badges on a (possible) power trip a pass on observing the most basic of constitutional rights? It just seems odd (to me). Are you a US citizen? Are you, by chance, on the payroll of a foreign government? If so, which one(s). Just curious.
(Score: 5, Insightful) by sjames on Friday December 21 2018, @11:47PM (2 children)
Sorry, no. Arrests for secret reasons and whisking people to undisclosed locations while not letting them speak with a lawyer are all things more closely associated with iron curtain countries than the United States. No exceptions.
Nobody seemed to see a need to arrest him at all until he refused to unlock his phone (which is his right). Simply not being willing to be searched does not create probable cause for searching someone.
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @10:24AM (1 child)
This person was never arrested.
He unlocked his phone voluntarily
(Score: 3, Insightful) by sjames on Saturday December 22 2018, @06:34PM
So the handcuffs placed on him were just a gift of exotic jewelry? If you're not under arrest, you're free to go. If you're not free to go, you're under arrest. He was not free to go. He unlocked his phone under duress.
(Score: -1, Flamebait) by Anonymous Coward on Saturday December 22 2018, @05:02AM
Why don't you post your address so we can talk about this in person, you smart-mouthed faggot piece of shit.
(Score: 5, Insightful) by Anonymous Coward on Friday December 21 2018, @07:21PM (2 children)
Ummmm, yeah. Uh huh. And there may be cows jumping over the moon right now. Until there is actual evidence of this I'm going to call BS. Try this as a thought experiment: I think you are a witch. There may (or may not) be any evidence to support my claim, but if there were it would be classified. Would you be comfortable about being detained under such circumstances?
(Score: 2) by HiThere on Friday December 21 2018, @10:31PM
No, seriously, there *could* be classified reasons. The way the laws are written there's no way around that possibility. It just shouldn't matter that it's possible. It should need to be proven.
Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @07:47PM
"There may be classified reasons this person's phone was designated to be searched."
Now whether they classified those reasons before or after they seized the phone, is another question entirely.
(Score: 4, Insightful) by Anonymous Coward on Friday December 21 2018, @07:30PM
And the fact that you seem to find this completely acceptable in a state of law makes you the dumb shit. The kind of dumb shit that actually believes a well-known and established psychopath and con-man when he says that he will fight for the little people, while having built his entire carreer out of screwing precisely those same little people.
(Score: 5, Insightful) by Spamalope on Saturday December 22 2018, @01:08AM
If there are classified reasons they'd like to search, they have to decide whether to reveal them in order to force an involuntary search. Secret 'we know better, you shut up' courts/police/laws are abhorrent in a free society and it's everyone's duty to resist efforts in that direction.
(Score: 5, Informative) by Runaway1956 on Saturday December 22 2018, @01:40AM (1 child)
I'm not buying it either. The victim inquired about a lawyer, and that inquiry drove the agents bugfuq, so they decided to fuck him over.
Besides, this is the US of A. We're supposed to have rule of law, and all that. If you are to be accused, or charged, or incarcerated, the people who are infringing on your freedom are supposed to CLEARLY communicate to you what those charges are. AND - they are supposed to allow you access to a lawyer.
(Score: 1) by fustakrakich on Saturday December 22 2018, @08:40PM
We're supposed to have rule of law, and all that.
Well, we won't get it until the voters start to care enough to stop reelecting crooks. It's as simple as that.
La politica e i criminali sono la stessa cosa..
(Score: 3, Troll) by realDonaldTrump on Saturday December 22 2018, @10:53AM
All agree that I have COMPLETE POWER to declassify. And I'll tell you the reason. It's the guy's name. "Elsharkawi." Which in Mexican means, The Pissing Shark. Officer Rivas & Officer Rodriguez -- obviously they're Mexican -- they know this. And I gave VERY STRICT orders to my Customs & Boarder Protection guys -- don't let any Sharks into our Country. ZERO. So they stopped him. A mistake, because it turned out he's not a Shark. But a very honest mistake. Which they made while protecting our magnificent Country. We're behind them 100%. Great job!!!
(Score: 0) by Anonymous Coward on Friday December 21 2018, @07:11PM
Actually, I do not like that idea. At all. Much better to have the ACLU be completely independent from the government. Much less possibility of having them get corrupted by some politician on a power trip.
(Score: 1, Funny) by Anonymous Coward on Saturday December 22 2018, @10:16AM
The destination is evidence enough
(Score: 1, Interesting) by Anonymous Coward on Friday December 21 2018, @06:24PM (5 children)
We have said for years that the TSA and cohorts is a waste and adds no security. Which makes me wonder how things would be if there was only a metal detector, baggage scanner and a checking for a ticket? The public would like the part about it being simpler and quicker.
But I wonder if it would be any less safe? We live in a world that if there is a hijacking the passengers know how it ends and are gonna jump those fools before they can get into the cockpit.
Is there anything those scanners keep out that a metal detector won't? I mean if you are gonna do something won't you smuggle supplies in in the tubes of a baby stroller? If it is small won't you put it in the arch of your foot and opt for pat down? There are known issues with every technique the TSA uses and the real evil ones already know and use those anyway. The best attack vector is to get someone to work for the TSA and use them.
(Score: 5, Insightful) by forkazoo on Friday December 21 2018, @07:47PM (3 children)
The TSA would save dramatically more lives if instead of the metal detector, they just had a stethoscope and did high blood pressure screenings to get onto the airplane.
Humans are generally bad at assesing, dealing with, and responding to risk.
(Score: 2, Informative) by nitehawk214 on Friday December 21 2018, @10:35PM (2 children)
So anyone with elevated blood pressure would not be allowed to fly?
I am sure there can be no possible repercussions of this.
"Don't you ever miss the days when you used to be nostalgic?" -Loiosh
(Score: 1, Informative) by Anonymous Coward on Saturday December 22 2018, @01:10AM (1 child)
he is talking about saving more life's, high blood pressure is the silent killer, he did not talk about reducing annoyance
(Score: 1) by nitehawk214 on Wednesday January 02 2019, @05:12PM
Well, if high blood pressure causes you to have to drive instead of fly... and you are much more likely to be killed while driving then flying on a per-mile traveled basis... could you say high blood pressure killed them? :)
"Don't you ever miss the days when you used to be nostalgic?" -Loiosh
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @12:36AM
but but but.....jerbs!
(Score: 0) by Anonymous Coward on Friday December 21 2018, @08:06PM
No more wasting tax money and fucking everyone in the process.
If that somehow leads to a plane or two blowing up, so be it. It's pittance compared to our weekly shootups anyways, and it gives us legit reasons to bomb the usual suspects, and we were/are bombing them anyways.
(Score: 5, Informative) by Anonymous Coward on Friday December 21 2018, @08:40PM (7 children)
how many comments on ARS are clueless about the law.
Yes they can detain you for 24 hours without charging you. Which is why it is important to ask if you are being detained. You want to make it clear that the clock has started. You have the right to remain silent, but only if you invoke that right. You have the right to an attorney. Clearly this man did invoke that right. You have the right to be secure in your person and your documents unless a lawful warrant is presented.
While there is currently a case where a judge has contempt of courted a man for not giving up his passwords (a cop suspected of posession of CP), this is still a very gray area, and is unlikely to be sustained by SCOTUS when it eventually gets there. And yes DHS is going apeshit on this, and there are douchebags in the federal system who are trying to make it easier for them to violate peoples civil rights. But once you've reached a real court most of that bullshit goes out the window.
In any case the best thing to do is:
1. Ask if you're being detained and make a note of the time. This tells them that you know what the rules are, and very often they will drop it right there.
2. Verbally invoke your right to remain silent, and your right to an attorney. If further engaged, reiterate these rights. Say nothing else. It doesn't matter if you're not under arrest yet.
3. Sit down on the floor cover your head in a defensive posture and shut the fuck up. If they want to move you, they will. You needn't comply, or resist, simply demonstrate that you are not a threat.
In 24 hours they will release you or charge you. In any case it is out of your control, so just relax and observe quietly. They may choose to return your goods to you or not, but in either case you will have grounds for civil litigation. There is nothing that you're going to say to these guys that they aren't going to try and misconstrue. The only person you have to talk to is the judge, and all you have to do to ensure that is who you get to talk to is wait quietly. Yes they are going to make it stressful, and intimidate you, perhaps even with threats of physical abuse. But on U.S. soil, they can't go much further than that without risking getting locked up themselves.
(Score: 3, Touché) by Anonymous Coward on Friday December 21 2018, @09:36PM (6 children)
>>>In 24 hours they will release you or charge you
Or declare you an enemy combatant and ship you off to Gitmo.
(Score: 1, Informative) by Anonymous Coward on Friday December 21 2018, @10:11PM (2 children)
Only if you're brown...
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @03:00AM (1 child)
Yes, and this is the solution to airport security according to my brother in law: don't let brown people fly.
(Score: 3, Interesting) by realDonaldTrump on Saturday December 22 2018, @11:01AM
That's right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won't help us protect our people! I have complete power to suspend entry into the Country of any class of persons that I deem detrimental. And to suspend immigration from areas of the World when there is a proven history of terrorism. Until we understand what the hell is going on with these threats!
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @01:20AM (2 children)
and has this ever happened?
(Score: 2, Interesting) by Anonymous Coward on Saturday December 22 2018, @02:05AM (1 child)
Jose Padilla.
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @04:32PM
The wikipedia [wikipedia.org] entry on this guy is quite a read. The federal courts debased themselves over and over again for years dealing with this guy. And unfortunately we are still operating under the same rules because there has been no end to hostilities.
(Score: 0) by Anonymous Coward on Saturday December 22 2018, @05:13PM
Why bother with people who are leaving? Just set up shop in the turkey airport and don't let him come back. "Oh, so sorry. We have plenty of muslims in the US already. Your citizenship was revoked under the Banish Goat Humpers Act of 2019"