Originally Posted by
RichardKenner
Potential criminal matters. It applies when somebody has a "reasonable cause to apprehend danger from a direct answer" (Ohio v. Reiner). In other words, if there were an articulable reason that a truthful answer to the question could put one in danger of a criminal prosecution, one may assert the privilege, whether or not one is guilty of any crime.
Thanks for the clarification. The TSA has a two zone clearance, VIP and FAMs bypass the WTMD, everyone else is assumed to be OBLv2.0 until told to put their shoes and belts on and released into the sterile area. Since TSO clerks will call LEOs over for "failure to respect my authori-tay", this only supports my belief than any and all interactions with the TSOs are "pre criminal charges" in nature. They are not trying to clear me; they are trying to find a reason to bust me. They all act like Jr. FBI wannabees looking for the Big Catch™.
Every TSO encounter thus meets the "reasonable cause to apprehend danger from a direct answer" test. The only answer to a clerk violating your Fourth Amendment rights is to say nothing to preserve your Fifth Amendment rights.
Yes I know saying nothing risks ticking off clerks on a power trip. The worst PR for this type is the "Cops" type reality TV shows. Every time a person talks to the cops and trys to "explain" they only dig themselves a bigger hole. OTOH those that say "I'll take the Right to Remain silent and a lawyer" are slammed by the vigilantee cops with a "He
must be guilty, he LAWYERED UP and did not confess."

The idea that a citizen is both innocent and more knowledgeable about his constitutional rights than the local beat cop or one striper TSO clerk is not considered an option.