I previously posted this information: http://www.flyertalk.com/forum/17396467-post483.html


This link might help folks:

http://ecfr.gpoaccess.gov/cgi/t/text...1.3.5.9.2.10.4


Title 49: Transportation

PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES


§ 1540.107 Submission to screening and inspection.

(a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.

A strict reading of this CFR means one can be screened/inspected when entering the sterile area or when boarding the aircraft. There is no language stating that one is subject to screening/inspection while in the sterile area.


HOWEVER:

§ 1540.105 Security responsibilities of employees and other persons.

(a) No person may:

(2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.

(b) The provisions of paragraph (a) of this section do not apply to conducting inspections or tests to determine compliance with this part or 49 U.S.C. Subtitle VII authorized by:

(1) TSA, or

(2) The airport operator, aircraft operator, or foreign air carrier, when acting in accordance with the procedures described in a security program approved by TSA.


I would read PAX to be "other persons," and "measures, or procedures" to possibly include random searches. That said I am not sure how to interpret 1540.105(b).


From the above TSA can deny entrance to a sterile area or board an aircraft. So gate searches after passing into the sterile area are legit. (Whether they do anything is another discussion).

ScatterX I am trying to understand a couple of points. You said the plane was 10 minutes from leaving but people were being prevented from boarding after their inspection and where held in an inspection pen? Hmm, if they submitted to the search they should be free to board. So IMHO illegal detention.