Originally Posted by
T-the-B
I would argue that no consent is given at the checkpoint at all. Instead, the government compells me to undergo a search before it allows me to exercise my constitutional right to travel freely throughout the nation. I do not consent to the search in any meaning of the word; at best I comply. To use the word "consent" in this context is not much better than saying I consent to handing over my wallet to a robber in order to avoid having him hit me over the head.
I understand that position and you are not alone in that position. There are also people on the flip side of that statement that believe that you submit to screening by purchasing the ticket, because it is part of the contract - that you must undergo screening to get to the aircraft for the trip. As I said before, there are many people on each side of this debate, and I honestly think both sides have a point. The argument for many is a Contitutional one, that has no easy answer because we have a history of protection regulations for the greater good". Again, I think that this will wind up coming down to a change of vision on the part of senior policy makers, or a court ruling compelling change or affirming the process as is.
Don't you know you are supposed to throw your wallet at aq robber and run when they go for it?
Originally Posted by
studentff
It seems more serious than even that. The story out of BOS suggests that the BDOs were expected to meet some minimum quota of criminal referrals. There's no practical way to meet that quota by referring terrorists or people with ill intent toward a commercial aircraft; after all in over a decade TSA has never intercepted *one* of these people, and the number who exist is so infinitesimally small it might as well be zero.
So the report out of BOS suggests that BDOs were sent out to specifically seek threats not related to aviation security. That's a whole lot worse than being told to report stuff seen as part of a search, or even training TSOs on identifying "contraband."
I am a BDO, and have never been given a quota, or even a hint of a quota of any nature. The program (in my experience) does not work the way indicated in the articles. We are specifically told and taught "Referrals are based on specific observed behaviors only, not on one's appearance, race, ethnicity or religion." We are also taught to not look specifically for contraband, only to report it if discovered while looking for WEI. Anything that is published contrary to that is either misinformation, or someone doing something wrong - I do not know what is going on in BOS, but if the reported stories are correct, then many of the things I have read are not being done according to SOP. I have also read that TSA has initiated an investigation into the situation, so hopefully they will get to the bottom of it and make the proper disciplinary decisions - if there is a call for it.
Originally Posted by
Boggie Dog
The TSA Administrative Search is limited to searching for WEI, nothing more. When it goes outside of that limitation then TSA and its employees are abusing the United States Constitution and their Oath.
I have also heard dissenting opinions on that from individuals much more familiar with constitutional law than either one of us, so again, barring a change in vision by senior management or a court ruling, it appears we are at an impasse.