Originally Posted by
Bart
As you know, counselor, police officers can exercise discretion.
Absolutely. I'm not questioning the discretion of a police officer, but the liability of a TSO in "reporting" a non-crime to a police officer. My understanding is that a TSO who makes such a report is no different than any other non-LEO citizen. If I approach a LEO and say, "I suspect that man of a crime because he has an illegal radio," I could be liable for doing so. I see no reason why a TSO would not be similarly liable, e.g. "I suspect this man to be a drug dealer because he has $4,300 in a metal box. I'm reporting it to a LEO."
Happens all the time even with drug paraphernalia. A TSO looking for a pocket knife also finds a crack pipe. When the supervisor notifies the LEO, the police officer decides to issue a verbal warning to the passenger rather than haul him away in handcuffs. And why? Because the airport LEO knows that even if there's residue on the pipe, the city police aren't going to pursue the matter.
You misunderstand my question, which was: is a TSO subject to liability for making a false police report if, in fact, he does. Example: I carry syringes for which I have a prescription (I need them to inject Imitrex, a migraine medication, for which I also have a prescription). If a TSO calls over a LEO and says, "I've found drug paraphernalia," I believe he should be liable for filing a false police report. Similarly, I carry oxycodone with me all the time, for which I have a prescription (also needed for migraines). If a TSO reports me to a LEO because, "I'm carrying narcotics," I believe the TSO should be liable for making a false police report.
Conclusion: a TSO is still obligated to report certain instances to the supervisor.
A supervisor is not a LEO. I don't really care to whom a TSO reports, as long as he doesn't attempt to detain me or unlawfully seize my possessions.
A supervisor is still obligated to refer certain matters to the LEO.
Again, this misses the point of my question. A supervisor is not a LEO. I don't care if the employment policies of TSA are such that, as a condition of employment, a TSO or his supervisor is required to report things to a LEO. That is not a defense to making a false police report, nor is it a defense to such other torts as false imprisonment, theft, conversion or abuse of legal process.
The LEO has the discretion how to handle the situation.
A LEO who abuses his discretion can be liable for, among other things, false arrest.
The TSO doesn't have that discretion. The supervisor doesn't have that discretion. The LEO does.
Sorry, but as we lawyers say: move to strike the answer as non-responsive.
My question goes solely to the ability to hold individual TSOs and supervisors liable as a matter of law for their mistakes.
Have fun suing TSA.
What makes you think I would sue TSA? My question goes to personal liability of the TSO involved, not TSA. It makes not the slightest difference to me what TSA's internal policies are in this regard. Do you think when a mafia hitman says, "I was required by my organization to knock-off that rat," that's a legally-cognizable defense to murder?