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Old Oct 30, 2006, 11:46 am
  #1  
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If you get arrested . . .

Okay, a little general legal advice here, folks.

If you should happen to get arrested because of some incident with TSA, DO NOT POST A THREAD ABOUT WHAT HAPPENED TO YOU.

I understand the impetus to tell a sympathetic audience about your experience, and I enjoy reading "this will make you REALLY mad at TSA threads" as much as anyone else. However, it is not in your interest to discuss the circumstances of an arrest publicly.

First, everything that you say here is considered an "admission by a party" as a matter of law, and can be entered into evidence and used against you. Even fairly innocuous statements can have all sorts of unanticipated ramifications. The fact that you post anonymously is irrelevant -- in the discovery process of civil and/or criminal proceedings, your "secret" FT identity may be subject to compelled disclosure.

Second, if you decide that you want to sue TSA and/or the LEOs, the fact that you can post calmly about your experience may suggest that it wasn't all that traumatic and could be used as evidence to support lessened damages.

Finally, you may not want something that is regularly archived to Google containing the fact that you were arrested. Even if the charges are dropped, even if you win $1 million in a subsequent law suit, the fact of the arrest is still out there -- employers, lending institutions and others now routinely review archived internet material. You may lose a job, fail to qualify for a loan, or not get a promotion based on your posting you were arrested here on FT, and you'll never know why.

Recently, there has been a rash of posts in which unfortunate FTers were arrested at the hands of abusive FAs and TSOs. As outrageous as the reports of these incidents may be, and as interesting as I and other FTers may find them, please be aware of the big picture -- it is not a good idea to discuss them until (1) they are fully and finally resolved and/or (2) counsel has vetted your statements.

Just a little free advice.

PTravel, Esq.
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Old Oct 30, 2006, 12:09 pm
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+1.

I think the final point is a bit of a long shot in the absence of a link to a news article, etc but all the same PTravel is right.
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Old Oct 30, 2006, 1:07 pm
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good points^ Thanks!
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Old Oct 30, 2006, 1:26 pm
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^ to my favorite Omni-Lawyer!, for a thoughtful, helpful, and "appreciated" post

Best, Dave
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Old Oct 30, 2006, 1:37 pm
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Perhaps this should be a sticky, since FT'ers seem to be getting arrested a lot lately.
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Old Oct 30, 2006, 1:42 pm
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Great post, thank you!

GG
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Old Oct 30, 2006, 1:48 pm
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Originally Posted by Gargoyle
Perhaps this should be a sticky, since FT'ers seem to be getting arrested a lot lately.
Are we expecting even more?
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Old Oct 30, 2006, 1:56 pm
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Thanks for this. You brought out some points I hadn't considered. I do think for many of us it's not difficult for someone who's even slightly resourceful to figure out who we are from our FT names. So your last point is well taken.

It's just sad that we have to have a thread like this at all.
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Old Oct 30, 2006, 2:01 pm
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Originally Posted by GUWonder
Are we expecting even more?
Considering the state of the things... who knows. Lets hope no other
FTer gets into this kind of situation.. but if they do.. we have some
helpful information here.
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Old Oct 30, 2006, 3:17 pm
  #10  
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Originally Posted by cpx
Lets hope no other FTer gets into this kind of situation..
I read a post in here recently that someone thought the TSA was targetting FT members. I didn't believe that then but I just want to ask --> Did the 2 people recently arrested have anything on their person or bags that alerted the TSA that they post on FT?
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Old Oct 30, 2006, 4:05 pm
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Originally Posted by Traveller
I read a post in here recently that someone thought the TSA was targetting FT members. I didn't believe that then but I just want to ask --> Did the 2 people recently arrested have anything on their person or bags that alerted the TSA that they post on FT?
That "concern" about being targetted for having FT tags was one of the more amusing items I've read around here. Are you saying that you took it seriously as something that has already come to be the norm? It hasn't become the norm; and there are hitherto no reports about such. Even "Kip Hawley is an idiot" items aren't resulting in mass arrests.
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Old Oct 30, 2006, 4:26 pm
  #12  
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Originally Posted by GUWonder
Are you saying that you took it seriously as something that has already come to be the norm?
Naw, I was just asking the question.
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Old Oct 30, 2006, 4:34 pm
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Well, obviously, assuming they can prove you posted it - of if they care.

How about this - if you find yourself in an argument with the TSA people, take a deep breath, exhale, smile (this may hurt) and say: "Hey, sorry, I didn't get much sleep last night. Let's start over - how can I help you screen my stuff?"

Then, odds are, you can go on your merry way, perhaps without your rubber band ball or twelve stone baggie of makeup, but still.

I've never forgotten what my CCW instructor told me: Before you pull your gun, make sure it's worth $10K. Before you pull the trigger, make sure it's worth $100K and your job.

Good advice.
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Old Oct 30, 2006, 4:42 pm
  #14  
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Originally Posted by TierFlyer
I've never forgotten what my CCW instructor told me: Before you pull your gun, make sure it's worth $10K. Before you pull the trigger, make sure it's worth $100K and your job.

Good advice.
Not advice I would follow. And there's been no mentions of FTers being arrested at airports for gun possession as of late.

Originally Posted by Traveller
Naw, I was just asking the question.
The most definitive answer would come from the subjects of those arrests. But there's been no mention of FT tags factoring into the equation.
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Old Oct 30, 2006, 4:47 pm
  #15  
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Originally Posted by TierFlyer
I've never forgotten what my CCW instructor told me: Before you pull your gun, make sure it's worth $10K. Before you pull the trigger, make sure it's worth $100K and your job.
He who hesitates is doomed.

My marksmanship instructor told me that it's easier to defend a criminal case than a civil case, so aim for the heart.
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