Fly with rubber band ball, go to jail, forced blood test

David Farber <[email protected]> Sun, 12 Nov 2006 09:59:41 -0500
Newsgroups gmane.culture.people.interesting-people
Message-ID <[email protected]>

Begin forwarded message:

From: "Robert J. Berger" <[email protected]>
Date: November 12, 2006 3:41:36 AM EST
To: Dewayne Hendricks <[email protected]>, David Farber  
<[email protected]>
Subject: Fly with rubber band ball, go to jail, forced blood test

Originally seen on BoingBoing  http://www.boingboing.net/2006/11/11/ 
fly_with_rubber_band.html

A traveller who had a rubber-band ball in his bag was pulled over by  
the TSA. They insisted that the ball had something metal at the  
center (it didn't), then concluded he was on drugs. They put him in  
jail, forced a blood-sample from him, and continued to hold him after  
they cut open the ball and finished testing his blood.

Full article:

I got arrested this week at a checkpoint!
http://www.flyertalk.com/forum/showthread.php?t=618629

I was departing a small commuter airport in Southern California last  
week and I found myself in jail! Here's the story with the facts, and  
without any "emotional hype."

About two years ago I made a big, rubber band ball. It's bigger than  
a softball, but not as big as a basketball. It's made of 100% rubber  
bands, and the core is nothing but knotted rubber bands. It's been in  
the trunk of a car that I own and keep down there for most of that time.

I decided to bring it home to Anchorage to work on more, and that  
proved to be a bad decision. I threw it in my carry-on and headed off  
to the airport. When I got there, I "dinged" at the metal detector  
while wearing a belt that has never alarmed before. I removed the  
belt and went through a second time, and "passed." As I got through I  
noticed that my carry-on bag was open and being rummaged through. The  
TSA agent held up my rubber band ball and asked, "what's this?" I  
replied, "it's my rubber band ball. What are you doing looking  
through my bag?" The Sheriff that was standing there said, "you gave  
implied consent to search your bag by coming through the checkpoint."  
I retorted, "you need to ask me first though, and I object to your  
digging through it out here. If you want to look in there, we need to  
do it in private."

So the LEO grabbed my bag and he, myself, the TSA "boss," and a TSA  
agent went behind a curtain. They dug through my stuff and took the  
rubber band ball away for further screening. They came back with the  
rubber band ball and told the "TSA boss" that it was positive for  
flammable residue and that it had something metal at the core. He  
started up at me accusing me of wrongdoing and saying things about it  
being a "precursor" or a "trigger." I told him to "quit running at  
the mouth" and that it was "nothing of the sort." I explained that it  
had been in the trunk of my car for a long time and probably picked  
up a bit of oil or gas or something from that. I also told him that  
there was nothing at the core and that it was 100% rubber bands.

The cop started in on me, and I finally said, "look, I'll give you  
the ball. I just want to get on my flight." The TSA guy ignored me,  
and kept asking me what was in the center of the ball. I kept telling  
him it was nothing but rubber bands. The TSA took it away again and x- 
rayed it again and said there was something metallic in the center. I  
kept denying it and denying any wrong doing.

The cop then switched tactics and asked, "are you smuggling drugs?" I  
told him that was "outrageous" and produced my SIDA badge and my  
airline ID. I asked him if his question was serious. He started  
asking why I didn't have any checked luggage to which I replied,  
"Dude, I load bags all day. I know better than to check them." He  
again accused me of "smuggling something."

This had gone on for about 1/2 an hour and I knew the flight was  
leaving soon. I repeated, "you can have the rubber band ball. I just  
need to get home, so I need to get going." The LEO said, "you're not  
going anywhere." At that point, I knew I was in trouble.

He pulled out his pocket-sized flashlight and said, "take off your  
sunglasses, I think you're on drugs." I said, "what?!" He replied, "I  
am ordering you to take off your sunglasses." So I did. He shined the  
light in my eyes, and said, "Yep, you're on something. Anything you  
need to tell me?" I was incredulous. I said, "Look! I showed you my  
SIDA badge, I'm in the random drug test pool, I get tested regularly,  
I don't use drugs. Now or ever." He said, "I don't believe you. Turn  
around and put your right hand behind your back." He snapped on  
handcuffs and said I was under arrest for suspicion of being under  
the influence of a controlled substance.

The "TSA boss" practically wet his pants as he excitedly thanked the  
LEO for "taking care of me." I was led outside, put in the back seat  
and taken to jail. I've never been arrested before (in the US) so I  
didn't know what to expect.

We got to the station and I was put in a holding cell. I was there  
for a little less than an hour. The LEO came back and advised me that  
I would be held for a minimum of 12 hours for observation. He advised  
that I had to take a blood or urine test (my choice) and that when he  
got to the bottom of this that I'd be in jail for a long time. I just  
shrugged my shoulders. I wasn't afraid. I've been arrested in  
Indonesia on trumped up charges, and that's all that these were.

I picked blood test, so I was shackled at the ankles and cuffed at  
the wrists and lead out to the cop car again. We went to the hospital  
where they drew blood. They were nice to me. They got me a drink of  
water and didn't yell at me or cuss at me. (Unlike the cop.)

My blood tested clean...big surprise...then the cop got nice too. He  
said that he had to hold me for 12 hours but that I'd get out after  
that. When we got back to the jail they uncuffed me and unshackled me  
and were nicer. The cop asked if there was anything in the rubber  
band ball and I told him no. I told him to cut it open for all I  
cared. He took a big knife and cut it open and surprise...there was  
nothing but rubber bands.

The jailer told him that this was "stupid" and she told me that she  
was sorry but they did have to hold me for 12 hours but then she put  
me in my own cell (which I appreciated) and let me call my dad on the  
phone. She gave me some magazines to read in my cell, and also let me  
pick what to watch through the bars on the TV on the outside. She  
told me to call for her if I wanted the channels changed. It's stupid  
to say, but they didn't do that for anyone else. I asked for  
something to eat and was given a microwaved TV dinner that I  
gratefully devoured. I also got a styrofoam cup of Sunny Delight with  
my meal.

Other than that, jail sucked. There were bad people in there, and  
when I had to pee, I had to do it in front of a camera that I'm sure  
someone was watching. Sure enough, 12 hours later, I got a paper from  
them showing that the charges were dropped and I was let out the  
front door where my dad picked me up.

The next day, I flew out of LAX and didn't have any problems. I even  
wore the same belt through the metal detector and it didn't "ding." I  
did, however, leave my rubber band ball at home. It's not a ball  
anymore. It's just a big paper sack of cut up rubber bands.



Welcome to 2006 and your TSA. By the way, lest anyone question what I  
did to "bring this on myself"...note that I WAS NOT arrested for  
interfering with the TSA or with the LEO...because I DIDN'T. I was  
instead arrested on trumped up charges so that they could check out  
my rubber band ball that was a "trigger" or "precursor" and  
"contained something metallic" according to the TSA.

I have a SIDA badge so if it can happen to me...it could happen to  
ANY of you.
__________________
I am an AS employee, but on Flyertalk I don't represent the company  
in any official capacity.

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Robert J. Berger - Internet Bandwidth Development, LLC.
Voice: 408-882-4755 eFax: +1-408-490-2868
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