The first reports I heard of something going on yesterday seemed like a bloggin hoax:

Anybody know what's going on? There are TSA stations with about 20 agents each set up in at least two spots in downtown Indy, 1 is near Capitol and Market, the other is near the federal building. They're stopping and searching people getting on and off city busses and travelling on the street. This is going a little too far. Where exactly did this authority come from?

(reference: Feds searching people in Indy )

I thought this had to be a hoax since the TSA surely had better things to do than hassle people riding buses in a major US city. But over the day more and more reports came in confirming that not only were searches being made, but that they were being made by federal agents (including Air Marshals) and that many agencies were involved.

Then came a report from the Indianapolis Star, which said:

Screeners from the Transportation Security Administration checked passengers at two Downtown city bus stops this morning, looking for weapons and suspicious behavior. David Kane, federal security director for TSA in Indianapolis, called it a "VIPR" operation. "It's called Visual Intermodal Prevention Response. We have plainclothes inspectors, blue-gloved uniformed security officers who are checking baggage, the behavior detection officers, and federal air marshals, which are the law enforcement arm of TSA." Security stations were set up at bus stops at Capitol Avenue and Market Street, and Ohio and Meridian streets. Some passengers were patted down or submitted to having bags checked. TSA said the searches were “by-permission,” meaning patrons could decline to be checked. Those who did would not be turned away, an official said, unless they otherwise appeared to be a security threat.

(reference: TSA checks IndyGo bus passengers )

So to be clear, 20 or more agents of the federal government came to Indianapolis, downtown, and setup two search stops for those wanting to ride the bus. People could decline, legally, but only if the knew they could. Traveller safety was the excuse, but in reality all the were on an explicit fishing operation that included everything plus "behavior detection officers".

Did people even know they could decline the search? That is unclear. But at least one report indicates that they TSA weren't even aware of local law! For those who do not know, Indiana allows licensed individuals to carry firearms and accepts permits from other states for individuals to carry firearms as well. We have the highest per capita concealed carry population in the nation and the TSA was not even aware of our laws.

My wife has a cousin who lives in Indy and he was one of the lucky ones volunteered for a pat-down. He, like me, recognizes the value in being prepared for one's own self defense. The screener asked if he could be patted down for weapons to which he responded "I'll save you the trouble, my licensed handgun is on my right hip." The screener thought he was joking. Once she realized he was serious she announced that there was a situation and called in the reinforcements. He was told rudely "YOOOOUUU CAN'T CARRY A GUN AROUND HERE!" And he replied "I bet I can, this isn't an airport..." By then a supervisor walked over, took a quick look at his Kentucky CCW and asked the Indianapolis PD next to him if it was any good. The Indy cop replied that a CCW from any state or country is valid in Indiana. So the supervisor declared in a loud voice to let him proceed, treat anyone with a CCW like a cop and pass them on. Needless to say though, he had a very quiet bus ride with lots of passengers staring at him the whole time. Aside from being galled at the concept of this kind of thing, I think it's pretty sad that the federal security professionals need to learn the rules as they go. One would think that if you were supposed to set up a checkpoint to screen for weapons, you'd do a preliminary check to see what was against the law in Indiana, what was permitted, etc. Goes to show how arbitrary the whole thing is.

(reference: Federal Agents Searching Civilians in Indy (No BS) ).

So what was this operation, why was it needed, and what does it mean for us all?

First, it was a clear encroachment on our 4th Amendment rights. Even if it was legal (because individuals could refuse it), the fact that law enforcement is searching people without cause is an encroachment.

Second, it was an encroachment done by the Federal Government in the guise of proposed safety. While Indianapolis has had crime problems, the bus system has not been the hub of those problems. Nor have any federal crimes been committed on Indianapolis busses.

Third, it was a Federal operation performed by those who are not even aware of the law. Since they had no understanding of Indiana weapons laws and were performing weapons searches, why should I have any confidence in their understanding of, and care for Constitutional law in regards to personal searches.

Fourth, it was a Federal invasion of civilians that used our federal tax dollars to search bus passengers, who if criminal could have moved on to the next bus stop or just declined the search. The very same Air Marshals that are supposed to be protecting our plans are searching people at bus stops. This operation could hardly have been an effective expenditure of resources, especially as no reported arrests or confiscations took place.

Fifth, the stops seem to be better explained as a test of what encroachments Americans will accept, and the fact that only one article has mentioned it, sparsely at that, makes their test a likely success for federal agencies that seek to expand their powers.

So now it is up to us to decide, again, what is acceptable and what is not.

Personally, I plan to contact my Congressman in the morning (as this was a federal operation) and demand some basic investigations be done. Specifically, I have the following questions:

Why my tax dollars were spent this way?

What SPECIFIC threat this was addressing?

What CLEAR 4th Ammendment considerations were taken in the planning and made clear in the searches?

What effect this event was expected to have among the population, etc.?

Why were federal agents unaware of Indiana law when they were there to search for violations of that law?

Was any notification given to the public before the event (as is done with road-blocks)?

In a time when there are concerns with not having enough air marshals on commercial planes, why do we have them at bus stops rather than at the airport?

Are there plans to continue this program or expand it to other cities? Should we all expect federal agents to be searching citizens in our streets with no cause?

I also plan to send a letter to the Indiana ACLU and to the mayor's office.

To quote my congressman Baron Hill:

September 11th illustrated that, while the threat may have changed, the US still faces dangerous enemies in the 21st century. Our enemies are no longer monolithic nation-states, but, instead, fluid networks of terrorists that operate covertly in dozens of nations. To successfully combat this threat, it is crucial that we coordinate and develop a coherent strategy to enhance our homeland security. We must not, however, sacrifice the personal freedoms of American citizens to achieve these goals. (Source: 2006 Congressional National Political Awareness Test Nov 7, 2006)

Let's see if anyone responds.

To my fellow Kos readers, I ask "Where is the reporting on this?" I have not seen anything in the HuffingtonPost, or drugeretort, etc. Please help us all by looking into this.

It really is just the beginning.

UPDATE: I was wrong, thanks to hungrycoyote, the fact is this is a part of an 18 month old program opposed by law enforcement groups:

The law enforcement association already was unhappy with an 18-month-old TSA program that teams the agency's armed federal air marshals -- who have law-enforcement powers -- with unarmed screeners and inspectors on special units deployed at airports, rail and bus stations. These squads, known as Visual Intermodal Protection and Response units, or VIPR teams, gained a higher profile earlier this month when they were sent to East and West Coast airports and other transportation facilities to beef up security patrols in the wake of terrorist incidents in England and Scotland. "The teaming up of highly trained federal air marshals with civilian TSA screeners in uniform in front of airports and train stations is a recipe for disaster," Gordon wrote.

Lawmen object to plans for screeners

SECOND UPDATE:

I have sent the following letter to my Congressman, a similar letter will go to my Senators, Governor, as well as the ACLU and NRA (as I mentioned this is has cross the isle potential):

The Honorable Baron Hill

320 W. 8th Street, STE 114

Bloomington, IN 47404 [BlueDot's Name]

[BlueDot's Address] 08/03/2007 Dear Mr. Hill, You may not be aware that yesterday more than twenty agents of the TSA ran an operation in downtown Indianapolis. They set up checkpoints at two downtown bus stops and searched those who wanted to ride. With armed Federal Air Marshals present, riders were searched, and some even patted down. In the Indianapolis newspapers this operation was called a "community outreach program"* searching for "weapons violation"**. Several firsthand reports of this reached me through the internet. The operation was anything but "outreach" as eye witnesses reported: "Anybody know what's going on? There are TSA stations with about 20 agents each set up in at least two spots in downtown Indy, 1 is near Capitol and Market, the other is near the federal building. They're stopping and searching people getting on and off city busses and travelling on the street. This is going a little too far. Where exactly did this authority come from? (-source cited-) Although the searches were supposedly "voluntary", agents did not inform people of their right to refuse the search. Agents were also unaware of even basic Indiana weapons law even though they were supposedly there to enforce it. As one rider reported: "My wife has a cousin who lives in Indy and he was one of the lucky ones volunteered for a pat-down. He, like me, recognizes the value in being prepared for one's own self defense. The screener asked if he could be patted down for weapons to which he responded "I'll save you the trouble, my licensed handgun is on my right hip." The screener thought he was joking. Once she realized he was serious she announced that there was a situation and called in the reinforcements.

He was told rudely "YOOOOUUU CAN'T CARRY A GUN AROUND HERE!" And he replied "I bet I can, this isn't an airport..." By then a supervisor walked over, took a quick look at his Kentucky CCW and asked the Indianapolis PD next to him if it was any good. The Indy cop replied that a CCW from any state or country is valid in Indiana. So the supervisor declared in a loud voice to let him proceed, treat anyone with a CCW like a cop and pass them on. Needless to say though, he had a very quiet bus ride with lots of passengers staring at him the whole time.

Aside from being galled at the concept of this kind of thing, I think it's pretty sad that the federal security professionals need to learn the rules as they go. One would think that if you were supposed to set up a checkpoint to screen for weapons, you'd do a preliminary check to see what was against the law in Indiana, what was permitted, etc. Goes to show how arbitrary the whole thing is." (-source cited-) At first I could hardly believe this operation happened here in Indiana and assumed it to be an isolated case of TSA activity, but it apparently is not. It is a part of a larger program called the VIPR program which has been quietly running for the last eighteen months and has visited many larger cities. It is also opposed by many in law enforcement, including federal law enforcement: "The law enforcement association already was unhappy with an 18-month-old TSA program that teams the agency's armed federal air marshals -- who have law-enforcement powers -- with unarmed screeners and inspectors on special units deployed at airports, rail and bus stations.

These squads, known as Visual Intermodal Protection and Response units, or VIPR teams, gained a higher profile earlier this month when they were sent to East and West Coast airports and other transportation facilities to beef up security patrols in the wake of terrorist incidents in England and Scotland.

"The teaming up of highly trained federal air marshals with civilian TSA screeners in uniform in front of airports and train stations is a recipe for disaster," Gordon wrote." (-source cited-) In addition to being a ridiculous operation at a law enforcement level as the searches were "optional", at two stops only, and the agents were not even versed in Indiana law, these stops were flagrant encroachments on Indiana sovereignty and our Fourth Amendment rights. Additionally, as they were done downtown a significant number of those who were searched were minorities and the poor who not only use the bus system for work, but who are often those least versed in their rights to question or refuse undue searches. And just in case you do not think that this operation was questionable, one eye-witness was a lawyer and reported: "I am an attorney in downtown Indy, and the bus stop by the Federal Building is right outside my window. I saw the bus parked at the bus stop for a LONG time with people standing with their bags of stuff scattered around being questioned. I thought "Whoa, I wonder what some moron did to a bus driver or cop to cause all that."

I guess I should have gone across the street and advised everyone they had a right to decline consent. Then again, I have no desire to [visit] the Marion County jail except to talk to clients or police." (-source cited-) In addition to the legal questions involved, the expenditures of manpower and time seem a waste for both the federal and state law enforcement agencies involved. In a time of continued threats against our air travel, when air marshals are a precious commodity, why are they standing around checking people getting on busses in downtown Indianapolis? I have several specific questions I would like you to answer after having a chance to investigate the events on 08/02/2008: Why were my tax dollars spent this way? What SPECIFIC threat was this addressing? What CLEAR Fourth Amendment considerations were followed in the planning of these searches? What CLEAR Fourth Amendment considerations were made clear in the implementation of these searches? What effect this event was expected to have within the general population? Why were federal agents unaware of Indiana law when they were there to search for violations of that law? Was any notification given to the public before the event (as is done with the "Click-It and Ticket" program)? In a time when there are concerns over a lack of air marshals on commercial planes, why do we have them at bus stops rather than airports? Why are there plans to continue this program or expand it to other cities? Should the American voter expect federal agents to be searching citizens in our streets with no cause? So that you are aware, I wrote an diary about this event on the web site DailyKos and it was the top recommended item for more than twelve hours and remained among the top ten for over twenty-four hours which -- given the millions of daily readers and the caliber of core Democratic party activists at the site -- should give you pause as to the seriousness in which this event and program are held. I am attaching a printout of this article and following discussion for your review. I am a Democrat, a voter, and a constituent. I am offended and concerned by what happened in Indianapolis and by the actions of this national VIPR program. As you yourself have said: 'September 11th illustrated that, while the threat may have changed, the US still faces dangerous enemies in the 21st century. Our enemies are no longer monolithic nation-states, but, instead, fluid networks of terrorists that operate covertly in dozens of nations. To successfully combat this threat, it is crucial that we coordinate and develop a coherent strategy to enhance our homeland security. We must not, however, sacrifice the personal freedoms of American citizens to achieve these goals. (source: 2006 Congressional National Political Awareness Test Nov 7, 2006) Please act now and help protect these very rights which are being squandered with this preposterous and invasive violation of our rights at the hands of the TSA. Thank you for your time & I await your response, [BlueDot's Name]

[BlueDot's Address]

Registered Democrat

ACLU Member

NRA Member

DailyKos Diarist (-source cited-) ** (-source cited-)

The formatting is damaged and I had to remove the citations, but you get the point. I strongly encourage each of you to also write letters to your representatives. They only know we are mad when we tell them!

A separate letter will go to the two Indianapolis news sources that chose to do absolutely no research on this project but rather printed stories that appear to be reworded press releases. Their job is to look, question, and report. They did none of the above.