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Old Jun 18, 2012 | 8:19 am
  #74  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by lovely15
Except they aren't detaining you as a private citizen, they're detaining you as a DHS employee. Not sure how that changes thing, but...
As noted, in most (possibly all) States a citizen's arrest is allowable under specific circumstances; to wit (eg. Nev)
A private person may arrest another:
1.  For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Some states also include misdemeanors.

IANAL but a violation of administrative law, which is all the TSA has, is neither a criminal offense nor misdemeanor and thus does not meet any of the criteria. I think.

You're free to go, if they physically try to stop you then you can arrest them for assault/battery. Their SOP (posted above) supposedly prevents them from trying but since many of them don't know or ignore it, it wouldn't be too much of a surprise if one or more did so.

I'll contribute to the defense fund .
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