Misleading or Misnomer?

In the Criminal Justice world, there is an old saying;  the pen is mightier than the sword. The first lesson in the Police Academy is "Report Writing". We are only allowed to use certain words to describe certain things.  Believe it or not, they frown on creativity.

Granted, a person who may have committed a crime or is suspected of committing a crime, may be called a suspect  ...   or a perpetrator. A victim is always a victim. Of course, not every officer may be able to accurately define "probable cause" but we all know that there is ONLY probable cause. We don't have special probable cause or enhanced probable cause. Just doesn't happen. Either you have it or not. Its probable cause, period.

So why do we use "enhanced pat down"?

I have yet to find it in a dictionary. The word "enhanced" is there. It's defined by  thefreedictionary.com  as "to make greater, as in value or effectiveness. To provide with improved or advanced features".

Remember the First Lesson? Have we made up created a new word just to soothe the masses? Follow along with me. I believe the choice of "enhanced pat down" is more politician friendly than the proper terminology.  Unless the individuals responsible for this term have chosen to use it to be  ...  misleading. It is a possibility but I doubt we will ever find out. In the next post, we will look for our leading lady,   ...  
Miss Nomer.





As in misnomer.

Don't forget. There are a thousand personal experiences out there that are worth sharing. Write to me.

Ombudsman 101

If there ever was an "Ombudsman" class, I am guessing that there would be an emphasis on taking the time to actually read the letter or complaint. I mean, really read it in its entirety. Most complaints will have a mixture of truths, half-truths and bald faced lies. Some will be direct and to the point with limited bias. Our mission is to pull the major issues out of the letter and to find the answers to the questions or the rationale behind the issue. It is up to us to "corroborate" or confirm the validity of the statements or to investigate the cause of the problem. Not very difficult.

You would be surprised at how simple it is to write an email asking for clarification.

So we confirm truths and half truths. To a point. Bald faced lies we ignore. And the most important thing that an Ombudsman can do is to Follow Up! Most letters or complaints have a tendency to include one common denominator. The individual has been ignored or the question was never answered. Right or wrong isn't necessarily the case. People want to be heard. And they deserve to be.

It doesn’t make a bit of difference if the letter is written by a known criminal. Either they have a case or they don't. Some of my best criminal investigations were initiated by a Prisoner who complained of being robbed of his belongings   . . .  while he was in jail. My job is to see if it happened. Not to treat the crook any more of a criminal or to make any judgments. Behavior makes a crime, not the look or the face.

Up Against The Wall

I guess if we are going to be treated like criminals, we might be as well learn the language.

These terms are defined by Nolo’s Plain-English Law Dictionary Legal Dictionary Home

frisk

Quickly patting down the clothes of a suspect to search for a concealed weapon

search

1) In criminal law, to examine another's premises (including a vehicle) or person to look for evidence of criminal activity. It is unconstitutional under the Fourth and Fourteenth Amendments for law enforcement officers to conduct a search without a "search warrant" issued by a judge, or without facts that give the officer "probable cause" to believe evidence of a specific crime is present and there is not enough time to obtain a search warrant.

2) In civil law, to trace the records of ownership of real property in what is commonly called a "title search."

So say what you want about the Criminal Justice system, at least it has built in safeguards designed to protect those of us from abuse. No sworn officer can legally conduct a strip search without a warrant signed by a judge. And let’s not forget our friend probable cause. This means that the expected gain or the reason to strip naked an individual is reviewed by the state prosecutor as well as signed by a judge. Not because of curiosity or because you like what you see.

(wish me luck .... it begins)

Following Directions

Andrew Rich is a veteran traveler who is meticulous in following directions. He's an engineer. I spoke to him recently about his experiences with medically necessary liquids. Mr. Rich and his wife carried a 12 ounce container of Ciba Vision Clear Care Cleaning and Disinfecting Solution per the TSA guidelines.

Eye drops and saline solution are specifically named in the permissible medical liquids policy. The policy also allows for containers larger than 3.4 ounces as long as they are separate from the "3-1-1" quart bag and declared to a TSA officer.

An un-named TSA Supervisor purported that "Ciba Vision" has chemical qualities which alarm certain detection systems. Mr. Rich pointed out that medically necessary liquids were allowable if they were declared. The Supervisor became belligerent, confiscated the contact lens solution and ordered a repeat screening of Mrs. Rich in a retaliatory move. Apparently, reminding a Supervisor of administrative policies is not a good thing.

Mr. Rich gave up and relinquished the bottle. Like most of us, his flight was departing and he had few options. Mr. Rich did write to the TSA hoping to resolve the conflicting policies, address the unprofessional conduct of the TSA Supervisor and if lucky, recoup the cost of the Ciba Vision.

It has been over eight months since Mr. Rich wrote to the TSA. I can understand the denial of monetary reimbursement. I believe our government is spending enough. However, I can not understand why he hasn't received a response. Mr. Rich continues to travel with “Ciba Vision”. Apparently the chemical qualities dissipate when combined in four separate 3 ounce containers.

Do Criminals Have Gray Hair?

Was it my graying hair or the chunk of metal in my hip that made me seem to be a security threat? I never did find out. Seems the TSA does not resolve the cause of any alarm as it claims to do on its website. I was certainly treated like a criminal.

I should know: Over 25 years serving as a cop, I certainly have seen my share. But that didn’t matter. Neither did the brand new medical ID card that was included in the price of the new hip implant.

I look nothing like Jesse Ventura [http://minnesota.cbslocal.com/2011/01/24/ventura-sues-dhs-tsa-over-body-scans-pat-downs/]. So why did the TSA have to humiliate me after the metal detector alerted them to the titanium in my hip? Worse, when I did make a complaint to a supervisor, why was I subjected to hostility?

Most people don’t expect to walk into the airport and be immune from the security measures. We understand the rules. Especially people who have spent the last twenty years or so making sure people obey those rules so that, plainly put, nobody gets hurt. But while you serve your community and mature, you learn to have compassion with everyone: good and bad. Not all the time, but there are moments.

I also understand policies and procedures. I have served a large urban city plagued by violence and poverty as the “ombudsman” and have written policies and procedures. I have calmed people who have been upset with police officers and have disciplined officers who forgot their purpose. But I don’t like to be ignored and don’t like to be yelled at.

And so after being ignored by my state senator, I started searching the web. You ever feel alone? But finally, I was able to track down some policy makers involved with the TSA. NO, not Blogger Bob.

I hope to share your stories and to improve the current state of the Transportation Security Agency via policy and procedural improvement. Please send any stories you might have to safetraveler@gmail.com. Obviously, there is some truth to the contempt and lack of compassion displayed by some TSA agents. I aim to advocate on your behalf and obtain the responses that many of you should have received in the first place. Your Ombudsman. Together, WE can improve air travel security while Maintaining Dignity.