Originally Posted by
cottonmather0
I'll hijack part of your response and ask a question that was asked earlier in the thread: where does the checkpoint end? Am I still technically in the checkpoint until my shoes are on and I'm walking away? Would they be able to pin "noncooperation" on me if all of my belongings have been checked and I kept on getting dressed while sitting on the metal bench? Am I still being "screened" at this point?
Not directly addressing your point, but this brings up the question of when and where the TSA can perform an administrative search. The CFR's talk about the screening checkpoints and getting on the plane, but no other place.
Perhaps by analogy that can be compared to internal border checkpoints. The Supreme Court said that permanent internal border checkpoints are free to stop anyone without suspicion, but roving patrols need at least reasonable suspicion before stopping a vehicle. In much the same way, at least reasonable suspicion would be needed prior to the TSA doing any search within the sterile area that does not occur at the screening checkpoint or while you are actually boarding the plane.
This is not a legal opinion, but a thought to consider.