IU instructor sues feds over Indy airport detention

[Newsjock]

Source: Indianapolis Star

An Indiana Univesity faculty member who was detained by U.S. Customs and Border Protection agents at Indianapolis International Airport claims federal officials violated her constitutional rights.

The American Civil Liberties Union of Indiana has filed a federal lawsuit on behalf of Christine Von Der Haar, a senior lecturer in the Department of Sociology at Indiana University.

The case stems from a June 2012 incident, according to an ACLU news release, when Von Der Haar "accompanied a friend to the airport's office of Customs and Border Protection to pick up computer equipment he had shipped separately when he flew to Indianapolis a few days earlier."

A customs agent asked Von Der Haar and the man personal questions, the suit claims, such as whether they were planning to marry. The agent "questioned them separately about email communications and the nature of their relationship, and confined Dr. Von Der Haar in a guarded room for more than 20 minutes," according to the ACLU release.

Read more: http://www.indystar.com/story/news/crime/2014/02/20/iu-instructor-sues-feds-over-indy-airport-detention/5639177/

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ACLU news release: https://www.aclu.org/national-security/woman-detained-airport-files-suit

[groundloop]

1. If the 'detention' was only for 20 minutes or so it doesn't seem like much of a case

Sure, I hate the thought of anyone being harassed by a federal agency such as Customs, but I also recognize that they have a job to do. This case, to me, sounds more like a short interview/investigation and then everyone was allowed to go on their way.

[cosmicone]

2. It depends upon who shipped this computer equipment and for whom

It is well known that terrorists use unsuspecting and kind-hearted people to do some of the lifting.

Remember the pregnant Irish girlfriend of a palestinian terrorist whose suitcase was rigged with semtex explosives and she was caught while boarding an El Al flight?

http://en.wikipedia.org/wiki/Hindawi_affair

This faculty member could have been another patsy and the customs agents were correct in their investigation.

[Kelvin Mace]

3. Yeah, that happened once

I don't know how often it has happened since. It has been claimed to happen, but DHS makes all sorts of claims.

These days the honus of proving lawful intent rests on the agency violating our rights.

[cosmicone]

4. When you ship something from abroad or when you cross borders

you don't have the same rights as within the country.

For example, when you cross borders, the customs can search your person and your baggage without a warrant.

Thus, no rights were violated.

The story is silent about who the other person was that the faculty member was trying to help. Perhaps he was a terror suspect or was smuggling drugs.

Being interviewed for 20 minutes is really not that inconvenient.

[Kelvin Mace]

5. Well...

Thus, no rights were violated.

Not to be difficult, but this type of action has been deemed legal by the same courts who have found that the government has the right to ignore habeus writs despite the fact that the Constitution is pretty damned specific about when they can ignored:

"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

As the country has not been invaded nor are we in a state of "rebellion", the writ may not be suspended. However, courts have said they can because 9/11.

Therefore, I personally do not view that the government has any right to search my belongings without probable cause of imminent danger, or a warrant.

As to the length of the "interview", that really isn't germane if they had no probable cause or warrant. Illegal detention is illegal detention.

I would want more details before drawing a firm conclusion on this issue, but the DHS has a decade long record of abusing its power, so I am skeptical.