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Old Sep 1, 2012 | 6:11 am
  #88  
RichardKenner
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by gsoltso
Agree that this is a touchy issue, but I tend to operate based on what I can glean from the actual situation.
But clearly, as you say, many (if not most) TSOs don't have equal sensitivity to this issue as you apparently do. Then there's the proverbial "bag of white powder". Some TSOs have posted there that they don't try to figure out what the powder is, but call an LEO to do so. That's exactly the same sort of ambiguity as the naked picture of a child, though less likely to run into emotional concerns. But calling an LEO in that case is equally wrong, I believe. The constitutional problem with this scheme is the fact that so many people are being required to "do the right thing" for it not to be a violation. And that sort of situation has been found, many times, to be unconstitutional for just that reason.

I think it's interesting that, as far as I know, there was no appeal to the two losses in an exclusionary hearing when a TSO found an illegal, but non-WEI, object. That tells me that DOJ is much more concerned about the constitutional issue than DHS and doesn't want to have a negative precedent. If DOJ keeps the practice of not appealing such, we may never have a definitive court opinion on the topic.
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