The following story is as bizarre as it is scary. Wednesday started out calmly enough for Teddy (not his real name), a menswear sales rep. He was preparing to show us (Dawahare’s) his line, suffer my bad jokes (rule #1 for vendors: ALWAYS laugh at the retailer’s jokes), and then fly home.
After a nice lunch the Dawahare boys dropped Teddy off at the airport, wishing him bon voyage. About an hour later I get a call from my brother, “Teddy’s in jail, he was arrested going through security, something about a sharp object, can you help him?”
Whoa, what, where, what, come again, WHOAA! By time I got to the jail, Teddy’d been charged with carrying a concealed deadly weapon while attempting to board an airplane. I went into overdrive calling my criminal attorney friends, only to get their answering machines. My buddy at legal aid, Joe Barbieri, saved us. He talked me through the steps I needed to take to spring Teddy, which, considering the charge seemed most unlikely.
Being a licensed attorney I was able to enter the jail to visit my shocked and frantic client. The police escorted me through a maze of security doors to a basement holding area where Teddy was being held. It was a sorry, sorry sight. I tell you, whether one is guilty or innocent it is a sad and sorry sight.
Teddy explained: “as my bags were going through, the TSA said they were going to re-check them. Then they pulled my company-supplied portfolio and said there was something in it. They groped and searched and finally out came a grayish metal file-type instrument with a tip. They pulled me aside and arrested me, read me my rights, handcuffed me, and brought me here.”
Teddy had no idea that was in the portfolio, but to his great credit he could understand why TSA would find such a well hidden tool suspicious. Yet he was surprised the police did no questioning or follow up—they just arrested him, booked him and treated him as if he was guilty.
Funny thing is he got this portfolio from his company about 3 months ago and had just flown through Atlanta with it. I know from my own experience that the Lexington airport’s security equipment seems more sensitive as they have caught items other airports—including LaGuardia—have not.
Teddy called his boss in New York, and his company’s top people rushed to his aid. Best they can figure, the tool was one used to turn the leather and must have accidentally been left in at the point of manufacture (in India). Unless somebody was playing a joke on poor Teddy there seems to be no other explanation.
At any rate, Teddy was lucky the charge was only a mis-demeanor. I went to the courthouse, posted the $200 bail and got Teddy out. While he was thrilled to be out all he could think about was dreadful doom and gloom: tomorrow’s court appearance, being a marked-man whenever he flew, and a possible federal charge to boot.
I was able to get my friend Jim Lowry, the best criminal attorney in town, to go with me to court for Teddy’s arraignment. Thankfully, Jim has had 20 similar cases and has gotten them all off, and Teddy will certainly make it 21.
If this has not hitten home with you yet, consider this. After the “not guilty” court plea Teddy was free to leave. I escorted him to the Delta check in, just to insure he would have no problems.
The Delta manager pulled him aside and politely told him, “Delta has decided not to board you today, sir.” They considered Teddy too much a security risk! I pleaded with the manager, told him Teddy’s side, but to no avail. He did say he could try to get him on another airline.
I admit I started to get heated, so I just walked away…and prayed. Yes, I prayed for Teddy, the Delta agent, the security people, for my own patience and wisdom. Now this is either an unbelievable coincidence or another example of “the power of prayer” but the Delta manager came back and said they would let Teddy fly after all---WHEW!
Sure enough, they basically strip-searched Teddy at the checkpoint, but he did make it through. And, as he emailed me today, he “passed out as soon as [he] got home.”
Friends, I know that in today’s world we think it essential to broach NO security risk, to mandate hypersensitive security at airports, and soon in movies, ballgames and buildings. But SOMETHING has got to give.
We are losing it--our freedom, our well being, our sanity, our Constitutional rights. Too many people are ready to accept random police searches, profiling, wiretaps and such without the constitutionally required showing of probable cause. This is totally, totally unacceptable and can only end in disaster for us—or any society—that so readily and unnecessarily forfeits these rights.
I told Teddy there are always silver linings to seemingly bad events. Somehow, he will benefit from this. Perhaps we all will by using this as inspiration to develop new security techniques that keep sacrosanct our rights and well-being.
After all, it could happen to you. RFD 8/6/05
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