Originally Posted by
Trollkiller
Based on TSORon's original question on the "TSA and the law" thread I have decided to play Devil's Advocate in hopes of getting his questions answered.
Ground Rules:
- I am playing Devil's Advocate, I may or may not believe in the righteousness of the arguments I put forth.
- Stick to the topic, if this goes well I will create other threads for other topics. Example this first thread is about the legality and constitutionality of referring someone to a local LEO for having a "large" amount of cash or other legal "contraband", do not bring up obviously illegal items like dope, or kiddie porn.
Game on.
Large amounts of cash.
It is common knowledge that nefarious individuals tend to keep large amounts of cash on hand to prevent the tracking of income by law enforcement. When a TSO discovers a “large” amount of cash while performing a search the TSO has every right to question the PAX to the nature of the cash to determine if the PAX needs to be referred to a LEO. The TSO is acting in his capacity as a Federal Officer.
Your turn.
The TSO has no right to question anyone about anything. The limits of the administrative search performed by TSOs is clear: to ensure that passengers do not have in their possession weapons or explosives. The administrative search does not involve asking any questions, nor do TSOs have any right to require answers. A TSO may be a federal officer (and I'm not even sure he is), but he is not a law enforcement officer. As a lawyer admitted to the federal court, I am considered an officer of the court as a matter of law. I may not, however, arrest, detain or question anyone, either.
A TSO has no powers of arrest or detention, and his ability to "investigate" is limited to clearing your person and your bags with respect weapons or explosives.
This is important, folks: TSOs (and BDOs) have no legal authority to question anyone about anything.