Originally Posted by
Dovster
Let's clarify that. A TSA employee can ask to see anything -- as can the guy standing in line after you. You, of course, are free to refuse to show it to either of them. The TSA screener can call for an LEO; so can the guy behind you -- the only difference being that the TSA screener can refuse to let you into the sterile area until the LEO shows up.
I may be wrong but I don't think the screener would ask to see the FinCen Form 105. He would call the LEO. Personally, if I had the FinCen Form 105 on me, and knew that I would be waiting for an LEO to arrive, I would probably offer it to the screener just to get through the whole process.
Let's be clearer.
There are two separate concerns, here.
One relates to the First Amendment, the other relates to the Fifth Amendment.
Yes, screeners have First Amendment rights and can ask whatever they want. However, the whole rationale against self-incrimination under the 5th Amendment is the idea that questioning by the government can, in many cases, be coercive. It certainly is when a policeman questions after you've asked to have an attorney present. However, when a government agent says, "Answer my questions or you're not flying today," it is, in my opinion, just as coercive and, therefore, violative of the 5th Amendment.
Accordingly, in this regard, I don't think the TSO has the right to ask any
substantive questions. "Nice day, isn't it?" is okay. "Is this a bag of marijuana?" clearly is not okay. In my opinion, however, neither is, "Why are you flying to Omaha?"