FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 21, 2011 | 1:33 pm
  #257  
aviators99
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Originally Posted by vvortex1
While the TSA can't prosecute you for refusing to answer their questions, they can keep you off the plane. While some have argued that things like the "no fly" list constitute an unconstitutional abrogation of freedom of movement, existing legal doctrine unfortunately seems to support it.
The problem is that the TSA *can* [get others to] prosecute you if you *do* answer the questions. If your answers to the questions lead them to the fact that you may be carrying drugs, or worse, a pirated movie, you can be arrested, prosecuted, and the answers to these questions (or search that came as a result of your answers) *will* be used against you. This is the whole point of the right to remain silent, and why nobody should respond to questions other than your name, DOB, and gender.
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