FlyerTalk Forums - View Single Post - I was detained at the TSA checkpoint for about 25 minutes today
Old Sep 26, 2006, 5:34 pm
  #27  
jonesing
 
Join Date: Oct 2002
Location: Arizona
Programs: *wood Gold, Marriott Gold, DL Silver, Hilton Silver, F9 Ascent
Posts: 2,419
Originally Posted by MKEbound
I have a couple of questions:
Could I have refused to provide my ID and/or address to the officer since I wasn't under arrest?
When asked for my ID do I have to hand it over or can I hang on to it? By giving it to the deputy, he walked of with it and I felt stuck.
In almost any jurisdiction you are required to produce identification to a *sworn law enforcement officer* (aka peace officer) when asked to do so. Since airports are given some special leeway (ie 4th Amendment search issues) you also need to produce ID for other officials--airlines, TSA etc. If you refuse to produce ID then the LEO can detain you until he/she is reasonably certain of your identity. Providing an ID (driver license, passport etc) just makes it easier for the LEO so as to not have to detain--but not arrest--you in the form of taking you to the station to run your fingerprints.

Providing your passport was a good move. Typically, yes, you have to surrender the identification article produced while the LEO does his/her check...the idea is to keep you from running off; after all, if it's a traffic stop, a bad guy isn't going to drive away without your license, right?

Yes, you could have refused to provide your address. But then you run the risk of being held up for another 10 minutes while you try to convince them they don't really need your address. If you had given your state ID/DL then and address is on the card and they would have simply used that. But other gov't IDs (since you don't have to use your ID/DL to get through airport security) that don't have addresses puts the LEO in an odd spot...he/she probably does need an address to complete the report (just for the sake of filling in the box but reports are filled all the time without said information) so then the LEO has to rely on you to provide a genuine address. Of course how can the LEO know RR 1234 Box A is your primary address? They usually insist on a street address and RRs are perfectly valid. I have a friend who is a total privacy nut so when people *insist* they need his address or phone number he uses 87-135 Brompton Road, Knightsbridge, London SW1X 7XL phone 020 7225 6633 (Harrod's) if he feels they really don't need the information other than putting it into a computer or filling a form (Radio Shack, returns at CompUSA, etc).
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