FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 21, 2011 | 8:34 pm
  #271  
PTravel
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Join Date: Mar 2004
Location: Newport Beach, California, USA
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Originally Posted by DL_TIDE
There is a posting referencing a statute regarding make false statements to a TSA agent is an offense subject to fines and imprisonment.
Making false statements to a federal officer is a felony. First of all, I don't know if a TSO is even considered a federal officer. As I've explained to you, TSOs are not LEOs. Regardless, as with any other putative violation of TSA's CFRs or federal statutes, TSOs cannot detain or arrest you. Period. All they can do is call a LEO over and ask the LEO to enforce the putatively-violated law. Sometimes LEOs will do it on a TSO's sayso. Quite often they will not.

I agree LEO's will make the arrest. Instead of "right" let's say TSA has the a "greater likelyhood" to make a serious accusations without significant liability to cause you to be detained.
Don't be so sure of that. Filing a false police report is also a felony.

Do you agree the TSA agent/federal employee is conducting an interrogation and with felony consequences?
No. I believe the TSO is conducting an administrative search and is subject to the limitations on such a search. I am aware of no case law that addresses the questions asked by TSOs under the new program, and I can think of a number of compelling reasons why they should not be answered. All the opinions that have addressed airport security procedures always way the amount of intrusion and violation of privacy against the potential gain in safety and security. There is no precedent, pun intended, for having to disclose such information as the reason for travel, employer, job position, etc. to exercise any constitutionally-secured right.

If so, I would submit, you can subjected to a long road of legal expenses and irreparable harm.
It won't subject me to legal expenses. You're fairly new to this discussion. I'm a lawyer (a number of us post on FT), and I am more than prepared to go to court when I encounter the right circumstances. In a post a few years ago, I detailed my encounter with an immigration officer (who is a LEO) when I was trying to return home from Canada. That guy's blatant constitutional violation brought him with in inches of a lawsuit -- he finally relented but, if he hadn't, he and his agency would have quickly learned under what circumstances they can demand information from passengers flying internationally.
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