Can I leave a checkpoint?

Old May 19, 2014, 6:52 am
  #61  
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Originally Posted by ehasbrouck

Aukai is still "good" (although bad) law, but doesn't directly address the case of someone who tries to leave (presumably abandoning any property not in their possession) before an LEO shows up. The TSA clearly has no authority to arrest, except as a citizens arrest. TSA staff might try to obstruct the person form leaving. In such a case, trying to push through the TSA staff would almost certainly result in arrest for assaulting th TSA staff.
So why is it relevant to this discussion?
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Old May 19, 2014, 8:17 am
  #62  
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Originally Posted by halls120
So why is it relevant to this discussion?
Having just read it, I would say it is relevant. The point made was that once someone enters the checkpoint, they consent to be searched and cannot leave. The rationale given was that someone might use this as a way to "test" the security and allowing them to leave essentially gives them a 0-risk way to do so. For example, if I am carrying a weapon on my ankle, I can test to see if when I go through they will pat down my ankle. If they don't, I've been able to sneak the weapon through. If they attempt to do so, if I am allowed to leave this allows me the ability to get away even though what I was trying to do violates the law/security rules.

The issue I have is that the rules around what is "reasonable" are not clearly defined or are defined well beyond what I personally consider reasonable.
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Old May 19, 2014, 7:38 pm
  #63  
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Originally Posted by MichaelKade
Having just read it, I would say it is relevant. The point made was that once someone enters the checkpoint, they consent to be searched and cannot leave. The rationale given was that someone might use this as a way to "test" the security and allowing them to leave essentially gives them a 0-risk way to do so. For example, if I am carrying a weapon on my ankle, I can test to see if when I go through they will pat down my ankle. If they don't, I've been able to sneak the weapon through. If they attempt to do so, if I am allowed to leave this allows me the ability to get away even though what I was trying to do violates the law/security rules.

The issue I have is that the rules around what is "reasonable" are not clearly defined or are defined well beyond what I personally consider reasonable.
In what context does this "reasonable" criteria come in? Aukai says that "the reasonableness of such searches does not depend, in whole or in part, upon the consent of the passenger being searched". In other words, once you start the process, you have to finish it. There is no requirement for anything to be "reasonable" with regard to your right to back out.
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Old May 20, 2014, 8:33 am
  #64  
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Originally Posted by cbn42
In what context does this "reasonable" criteria come in? Aukai says that "the reasonableness of such searches does not depend, in whole or in part, upon the consent of the passenger being searched". In other words, once you start the process, you have to finish it. There is no requirement for anything to be "reasonable" with regard to your right to back out.
That's my point - there is NO criteria for reasonable other than what TSA/DHS views as reasonable.
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Old May 20, 2014, 11:48 am
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Originally Posted by petaluma1
You hit the nail on the head with that one. There are thousands of reports of TSA prodding sensitive areas much harder than other areas, especially surgical scars.
<trying to think of the most bizarre answer to give, hopefully involving something that they wouldn't normally touch, just to test the point>
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Old May 20, 2014, 1:53 pm
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Originally Posted by janetdoe
<trying to think of the most bizarre answer to give, hopefully involving something that they wouldn't normally touch, just to test the point>
I've got stitches in my right cheek, inside my mouth?
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Old May 21, 2014, 8:43 am
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Originally Posted by MichaelKade
...The rationale given was that someone might use this as a way to "test" the security and allowing them to leave essentially gives them a 0-risk way to do so...
You could test the system by just flying a lot, too. Plus, if you fly a lot, maybe you can get PreCheck!
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Old May 21, 2014, 5:51 pm
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I do have a plan: call 911 on my cell
Isn't cell phone usage prohibited by the TSA in the screening area?
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Old May 21, 2014, 6:13 pm
  #69  
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Originally Posted by relangford
Isn't cell phone usage prohibited by the TSA in the screening area?
Only if it interferes with the screening process.
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Old May 21, 2014, 8:58 pm
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Originally Posted by relangford
Isn't cell phone usage prohibited by the TSA in the screening area?
How (exactly) is a TSA employee going to prevent you from using a cell phone you have in your possession?
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Old May 21, 2014, 9:10 pm
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I thought I have seen signs stating "no cell phone usage". Did these go away? I have not looked lately as I have been too rushed trying to get through TSA.
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Old May 22, 2014, 8:59 am
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Originally Posted by relangford
I thought I have seen signs stating "no cell phone usage". Did these go away? I have not looked lately as I have been too rushed trying to get through TSA.
I don't think there has ever been such a sign at TSA "security" checkpoints, only at USA customs/immigration.
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Old May 22, 2014, 11:56 pm
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Originally Posted by petaluma1
You hit the nail on the head with that one. There are thousands of reports of TSA prodding sensitive areas much harder than other areas, especially surgical scars.
Would it be wrong to say "my dignity" in response to the question about sensitive areas?

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