MichaelKade

After opting out, if I "test positive" for explosives, can I choose to leave the checkpoint rather than go to the private grope room?

Often1

Nope. Once you start the process, you finish. Here there is also an additional factor. If you've tested positive for explosives, TSA can certainly detain you for a law enforcement officer and that officer can likely conduct a search or obtain a warrant for a search.

SeriouslyLost

Repeat it again for accuracy: the TSA has exactly zero power of detention. Given that TSA generally fails to test competently I doubt they could even manage probable cause.

Critic

...they can, however, attempt to intimidate and stall endlessly until LEOs arrive.

Spiff

Try again.

TSA cannot detain anyone. TSA can request that you stay at the checkpoint. TSA can summon law enforcement who can detain you. TSA can try to assess a civil fine of up to $11,000 if you fail to complete the screening process, assuming they can positively identify you.

However, under no circumstances can TSA effect a legal detention of anyone for any reason. A person so "detained" has a wide variety of options available to them, all detrimental to the TSA employee(s) who attempted an illegal detention.

tomhuber2003

Now THAT is a useful bit of information, Spiff!

I am one of those "know the law (advantages and disadvantages)" types and, although I hope I won't need to use it, I am now armed with some great information. Thanks, FT!!!!...

Spiff

As always, verify my statements with other sources. If necessary, consult legal advice. I'm just someone on an IBB. However, I'm pretty sure I'm correct in this matter.

relangford

How does one "depart" the TSA screening area? There are usually TSA folks (some of them really big guys) everywhere and other passengers behind you. I understand that TSAers cannot detain you, but they sure can block your way out. I suspect that any small force would be met with greater force - and they would win.
Now, why does the OP think he/she has explosive residue in the first place (most likely, in mining, chemical work, military)? Maybe they should take a really long shower or soaking bath before getting to the airport. I can sympathize with the OP since I formerly did munitions and propellant field testing, and often had to run to the airport for a return flight. Post-9/11, I would have been in deep trouble a lot; thank goodness, I changed jobs before 2001. By the way, is it possible that a soldier returning from Afghanistan might have residual explosives on their clothing? How do EOD people travel by air these days?

Spiff

You cannot be legally denied the ability to leave. Otherwise, it's illegal detention/kidnapping. If you prefer, you can treat such actions as a hostile attempt to detain you. "I wish to proceed. Get out of my way, or I will consider you a kidnapper (eg)"

DIFIN

I am curious, what if you have to go to the toilet, do you do it on the floor?

MichaelKade

I've tested positive in the past for no reason at all.

petaluma1

An administrative or special needs search must be conducted in public view. (Davis or Torbert - I forget which case.) A private room is not in public view.

However, from the TSA on withdrawing from an administrative or special needs search:

What is "reasonable?" That has never been defined AFAIK.

http://www.afge.org/?documentID=1867

This from Sommer Gentry on her experience withdrawing from an administrative search:

http://tsanewsblog.com/10455/news/te...to-themselves/

Here's another interesting read about how the courts have scrambled law regarding consent vs. administrative searches:

http://repository.law.umich.edu/cgi/...ntext=articles

More interesting reading:

http://boardingarea.com/flyingwithfi...rth-amendment/

I believe that the TSA doesn't want to let the subject of the extent of its searches get to the Supreme Court and thus have made it extremely difficult to get any matter before any court.

relangford

There are compounds which mimic explosives, e.g., nitrate blood pressure medications. If you take such medicines, you might have residue on your hands.

cbn42

TSA cannot detain you, but they can certainly get a LEO to detain you. Given that checkpoints have camera surveillance and airport police can usually seal the perimeter of the airport within a minute or so if they need to detain someone inside, I highly doubt that it would be possible to depart the checkpoint and leave the premises of the airport without being caught by law enforcement.

Spiff

Only if law enforcement cares. Some "offense" like not surrendering water or similar will likely result in law enforcement not caring, and perhaps becoming annoyed for being called on by play-security wannabes.