Can I leave a checkpoint?
#61
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,255
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.
#62
Original Poster
Join Date: Nov 2011
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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.
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.
#63
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,576
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.
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.
#64
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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.
#65
Join Date: Jul 2009
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<trying to think of the most bizarre answer to give, hopefully involving something that they wouldn't normally touch, just to test the point>
#67
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#68
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I do have a plan: call 911 on my cell
#70
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#71
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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.
#72
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#73
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