Originally Posted by
PresRDC
Interesting question.
My guess is that TSA cannot detain you, but that the FBI or the local polcie can. I am not sure who conducts these reverse screenings, but I would guess that federal law enforcement is involved.
Refusing to submit to a search could be grounds for detention in that it arouses the suspicion of the officers doing the search. If that alone is enough grounds for an arrest, then the police can do a full search of your person and possesstions as a search incident to arrest.
If one were arrested pursuant to failure to waive his 4th amendment rights and consent to a search, what would be the charge? True, officers don't like it when people fail to waive their rights, they'd rather everyone consent to searches, everyone not call their lawyers, everyone voluntarily confess to crimes, et cetera. Asserting your rights might be "suspicious", but is it "reasonable suspicion"? How exactly can that legally be used against you?