Originally Posted by
SgtScott31
....And for God's sake, why don't you and boca come off the photograph issue. I'm pretty sure I could dig up the aged-old post where I simply advised that BNA has a policy against commercial photography/video without consent from the Airport Authority. ...
When was I chirping over photography beyond the standard and often encountered response from airport and street police when they see someone taking photos and try to invent non-existent authority or laws to stop it, or even try and confiscate the camera equipment. If a facility wishes to control commercial photography, they do, as you point out, have a right to offer or deny permission. A private citizen has the right to photograph any public building or facility, except where a prohibition is posted (military base, etc.). A private citizen may photograph any private facility or building if they are doing their photographing from public property - which is why, for example, American Airlines cannot prohibit me from taking photos of their aircraft from public property, but can prohibit photography of their crew while onboard the plane (private property).
As to the issue presented in this thread, I will only repeat what I've written countless times, and where I find very deep fault with silly judges who trip over themselves trying to play 'tough on crime'. Fruits of an Administrative search must be restricted to items germane to the purpose of the search - if the search is required for aviation security, the only admissible fruits should be guns, knives, bombs or other threats to aviation security. Period. Franky, the TSA should have absolutely positively no business calling the police over for 10K of cash, drugs, porn or anything else unless it's an obvious crime involving safety or property (a head in a bag, for example).
If the TSA or any authority conducting an administrative search (and this would include everyone from building security to the security checking your bags before you board the Statue of Liberty ferry) wants to involve the police, and the search will change from administrative to criminal, then the person being searched must be given the opportunity to refuse the criminal search, and the 'tattle' offered to the police cannot in itself be sufficient grounds to hold the person and their bags and request a warrant. Only an intelligent, properly informed and Constitutionally-aware judge would rule in this manner - but unfortunately, most of our judges have become lackeys to the criminal justice system and are no longer fair and balanced arbiters who are focused on ensuring justice is served and our rights are protected.