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.
Bart -- Here is the oft-cited quote from a 2005 TSA Directive, which the bloggers state is still in effect:
Discovery of Contraband During the Screening Process OD-400-54-2 May 9, 2005
Expiration – Indefinite
Summary - This directive provides guidance to ensure nationwide consistency in the appropriate referral or initiation of civil enforcement actions for incidents involving discovery of contraband during TSA screening procedures.
Procedures - When TSA discovers contraband during the screening process that is not a TSA Prohibited Item, the matter should be referred to the local Law Enforcement Officers as appropriate. An Enforcement Investigative Report should not be initiated.
Examples of such contraband include:
- Illegal Drugs
- Drug Paraphernalia
- Large Amounts of Cash(10,000.00)
The OD was signed by TSAs Chief Operating Officer at the time, Jonathan J. Fleming
For the rest of the document, (contact numbers and e-mails) please use the FOIA process for OD-400-54-2
Thanks,
Bob
EoS Blog Team
December 31, 2008 12:34 PM
"Large amounts of cash" and "contraband" are used in the same bulletized sentence. I suspect nobody has challenged William is because this has been challenged over & over again. Clearly, this directive has given screeners the perceived and actual authority to consider cash as contraband depending upon one's definition of a "large amount."