Originally Posted by
Bart
I'm curious if this was challenged on that website. I'll challenge it here: this is pure nonsense. There may be TSOs who believe this is how it works, but it is not the correct procedure. And this would be revealed during a trial, if the prosecution made the dumb mistake of going with this testimony and/or accepting this testimony as evidence.
If this were to go to court, a TSO has to be able to explain the basis for the search. If a TSO tries to be cute about it, especially on the witness stand, a defense lawyer will have a field day picking this apart and destroying the witness' credibility.
It comes down to this: the basis for a search during airport screening is the prohibited items list and nothing else. If something develops incidental to the search, then the search officer must notify the supervisor. My advice to any TSO who reads this is to not deviate from this procedure. If a police officer thinks that there's a basis for a criminal search, then make that police officer do his or her job; don't do it for him/her. It will cost you.
I am glad to see that I am not the only one whose eyes rolled to the back of their head when they saw that. Thank you for setting the record straight. I just have a few questions for you.
Is there a prohibited items list? All that we have ever heard is there is no comprehensive list, there will never be comprehensive a list and what is considered prohibited is solely up to the screener's discretion.
I thought the basis for the administrative search was simply weapons, explosives and incendiaries. Are there things on your list that fall outside of the weapons, explosives and incendiaries boundaries?
Final question, how often do TSOs have to appear in court over drugs and money they have found as part of their search?