FlyerTalk Forums - View Single Post - Court says TSA engaged in unlawful search. (Fofana)
Old Jun 22, 2009, 3:46 pm
  #7  
Brewfangrb
 
Join Date: Jun 2009
Posts: 71
Originally Posted by Trollkiller
This one is brand new so it may be hard to find the ruling on the net. I have placed the ruling on my server. PDF warning

Teaser for you.
Excellent. Thanks, Trollkiller. Basically, TSO-LEO wannabe's cannot participate in mission creep.

It's interesting to note: the Judge is NOT saying the TSO cannot report suspicious discoveries to an LEO (just like an ordinary citizen would)...but rather, as part of the procedure, if the goal of airport screening is to prevent weapons, etc from making on the airplane, once the TSO determines an item is NOT a weapon or a threat to safety, they cannot expand the search to "make sure" or by looking for contraband. (Because, contraband is not a weapon and while it MIGHT be illegal, it's not a threat to flight safety).

I should clarify, the order doesn't really say the TSA CAN'T search for contraband, but the results of that search aren't going to be acceptable for evidence in a charge for something else (in this case, fake passports). So they might as well just not do it.
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