Originally Posted by
Superguy
I think with Fofana, TSA lost the ability to go on fishing expeditions for things like powders that may be concealed, perhaps artfully.
TSA got slapped down in Fofana because the screener searched the envelopes looking for contraband despite the fact that she cleared them for weapons, incendiaries, and such. The rule would apply to other things.
Now comes the powders rule. Person hides a powder, say coke, inside a sealed envelope. Screener feels it, and feels the powder. Under Fofana, the screener wouldn't be able to do anything else - they'd have to let it go. However, now that TSA has defined powders to be a threat, screener can now open the envelope to "test" the powder. Oops, it wasn't an explosive, but just happened to be coke. TSA makes a Big Catch® and puts the news on its website and PV.
In theory, Fofana would still protect against the search for things like passports, but now drugs powders are fair game and TSA has a carte blanche to look for them.
Super
Regardless of HQ-dictated policy or lame postings on PV to the contrary, the war on powders is going to be WAY too tempting for the TSA not to use as an excuse to escalate the War on Drugs.
If I remember the illegal stuff policy excerpt that was on PV a while back, there is absolutely no burden of proof on a screener other than the item "might be" contriband uncovered during a search for oficial prohibited items. Given my non-existent hands-on experience with cocaine, I would guarantee, if I were a screener, that I would suspect ANY white powder of "possibly" being contriband.
I'm not a fan of illegal drugs, but, I am a big fan of the Constitution I'm still sworn to protect and defend.