Forgot your password?

typodupeerror

Comment: Re:According to TSA, Paul was not detained (Score 1) 941

by EverlastingPhelps (#38795931) Attached to: Senator Rand Paul Detained By the TSA

Being required to have a law enforcement escort while transiting a secured area is not arrest.

Yes. It is, by definition. If you weren't under arrest, you could move through it freely. The very word "arrest" means to stop or prevent. Under United States v. Mendenhall, 446 U.S. 544, you are under arrest anytime the police use force on you. Since he was escorted, they were using force. In addition, they were using force to prevent him from travelling to DC. Therefore, they were arresting him on the way to a session of the Senate. The end.

It's not a hard concept. The founders didn't pull this provision out of thin air because it sounded cool. It was to prevent something that had actually happened. The King in England would sometimes send his men to arrest MPs on their way to Parliament before a vote if they weren't voting his way. They would hold the MPs just long enough to keep them from voting, and then release them. This was intended to prevent that. Here, we clearly have the executive branch (the King's Men) holding a Senator (MP) on his way to the Senate (Parliament.) This one is not going to be hard for the SCOTUS to decide. The only thing that will be hard for them to explain is how there isn't a right to free travel rolled up into the airline industry.

Comment: Re:According to TSA, Paul was not detained (Score 3, Insightful) 941

by EverlastingPhelps (#38794431) Attached to: Senator Rand Paul Detained By the TSA
If he was escorted out, then he was legally arrested. You don't have to have the magic words "you are under arrest" said or be booked. Whenever you are dealing with the authorities and you are not free to leave, you are arrested. (For example, every traffic stop resulting in a ticket is an arrest.)

Baker's First Law of Federal Geometry: A block grant is a solid mass of money surrounded on all sides by governors.

Working...