Originally Posted by
eyecue
Hey DD!
A resolution pat down HAS to be done in private. If the passenger does not wish to consent to this, OR they become something like uncooperative, they cannot proceed to get on the plane because screening has not been completed. I see your point about stretching the 4th amendment. I dont believe the words regulatory authority are good though because that is all TSA is. Should be "lawful authority." There was a news special on a couple of years ago that outlined the ambiguity of TSA and the fact that what we do is very loose in legal arenas. If you look at the act that created TSA you will see that there is no legal authority to tell someone that they cannot fly. What the law says is that the GSC will be called and told what the recommendation of TSA is. The law then states that the GSC cannot disregard the recommendation. This has however been changed in process and practice to be more of an "incomplete screening process" denial of admission to the boarding area. If a person cannot finish the process then the LEO comes in to escort the person from the checkpoint because the person has no reason to be there. I hope that clarifies it somewhat.
So, you are saying that TSA will require the passenger go into a private room? That is an unlawful detention in my opinion.
PS - I know what I meant by regulatory authority and will stand by the fact that TSA has not posted where, exactly, they get the the authority to require anyone to submit to an unlawful detention and a search in a non-public space.