Originally Posted by ORDofcr

Actually, the person just used the wrong words. Said they were looking for "contraband". (Contraband - goods that have been imported or exported illegally. By definition contraband doesn't even include WEI) Which we don't look for. Had they said "I was looking for weapons, explosives, incendiaries, or other forms of identification that may indicate you are not who you claim to be" everything would have been fine. O well. I remember when this happened, part of the SOP was updated to state something to that effect.

Originally Posted by SATTSO

I having a hard time remembering the particulars of that case, bit if I do remember correctly she said that the didn't think there were any prohibited items in yeh envelopes before she searched them, so she claimed she was searching just for contraband. Silly, in my judgement, as I know I can hide prohibited items in envelopes.

As TSOs we are NOT hired to develop or approve policy as we go. I know that is what many of you complain about - TSOs make it up as they go, and don't follow SOP. In other words, it does not matter what this particular TSO thinks. At that point she was hired and being paid to search for prohibited items - her opinion meant nothing.

Just a guess, but I think the TSA lawyers supported this case, not to support this TSO, but to back up TSA policy.

Remember, the judge ruled it was an illegially search not based on SOP (thr judge didn't see SOP), but because the TSO didn't think anything was there....

Which brings up a VERY interesting problem:

I am pretty good on x-ray, I think. I find things on scren others can not. Just this last week I called for a bag check on an item in a womans purse. The TSO who looked at the screen before the bag check said it was "nothing" (his exact word), that it was most likely a cosmetic thing women carry. It took a while, and he had to re-run the bag 2 times, but it turned out to be a knife.

So.....the person doing the search did not think anything was there, like fofana. But this TSO had to follow procedure, like fofana. The opinion of this TSO at this point no longer mattered. According to SOP the search had to be done.

So what if it had been a firearm, and the passenger was arrested? Would they be able to get their arrest thrown out of court on the basis of fofona, because they could get a TSO up on the stand who said before the search began they didn't think any prohibited items were there (and this is why fofona won - not that contraband was found, but that the TSO said they didn't believe any prohibited item was there)?

Any ways, just something to think about. Hope I answered your question...