FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old May 5, 2009 | 9:30 pm
  #264  
halls120
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Originally Posted by Bart
I can't give you a good answer for a number of reasons, and most of that has to do with the nature of the judicial process. For example, I know TSOs who were notified that they were to testify in court for a drug-related incident; however, it never happened. Part of this could be because, for that particular case, there was a plea bargain agreement, or the case was dropped for other reasons, or it may be caught up in a series of delays. Or it could be as simple as the case being successfully prosecuted without the need for testimony by a TSO. Other factors are that the TSO is simply no longer employed with TSA (while not a high turnover rate, there is a steady turnover rate). Or while the incident may have been a good arrest, it may have never made it to court for a variety of reasons.

I don't know of any TSA-related court cases based solely on money being found inside a bag.
Two of my friends are airport counsel at larger US airports on the eastern seaboard. They constantly complain about their referrals not being accepted by the relevant USAO, and usually, it's for good reason.

Federal judges love pleas, and hate trials. Hence all prosecutors are under very subtle but real pressure to work out a deal with the accused, which also explains why TSO's might not be called to testify.
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