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Old Jun 18, 2012 | 7:34 am
  #70  
studentff
20 Years on Site
 
Join Date: Apr 2003
Location: BOS and vicinity
Programs: Former UA 1P
Posts: 3,730
Originally Posted by cottonmather0
Unfortunately for you, I think they can fine you and it will stick in a court of law, at least in the lower courts.

Of all the silly rules that TSA has, this is one that makes sense to me. If you go through security and cause some sort of alarm, it's reasonable for them to expect to resolve the situation. Otherwise, it could be enabling "dry runs" for bad people trying to test the system for vulnerabilities.
The logical result of this mentality would be to allow TSA to do anything they want, without limit, to "resolve" an alleged alarm.

Pat down forced in a private room, yes. (this happens routinely)
Removal of pants and/or other clothes, yes. (there have been multiple reports of this)
Strip search, yes. (there have been a few reports of this)
Cavity search, yes.
Exploratory surgery to look for body bombs, yes.
Heck, take it all the way to outright rape, under this mentality they can do it.

I would hope that a court would rule differently on a search of one's person than on of one's bag. You pretty much obviously consent to arbitrary searching of your bag, though I personally think reading papers and examining wallet contents goes way over the line.

But the vast majority of passengers are not making an informed "implied consent" to a sexual assault in a private room with the door closed when they enter the checkpoint. Let alone the other stuff. Unless TSA publishes the limits of what they will do, I don't see how they can get away in the courts with refusing to let you leave in lieu of a search to which you did not make (informed) consent.
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