janetdoe

I don't think there's any way TSA can force you into a private room.

You may have to make a choice whether you want to go into a private room or not fly today.

I had the situation once where I alerted for explosives - they actually had to warm up the machine before they ran my swab, and surprise surprise it was positive. I refused to go to a private room, and I said that I do a lot of work with analytical scientific instruments, and the most likely cause was machine error due to lack of sufficient warmup/stabilization time. I said they could do whatever resolution they wanted in public, but I would not consent to anything so invasive that they could not do it in public. I explained I was willing to miss my flight if I had to submit to something so invasive that they couldn't do it in public, etc.

Eventually a supervisor came over, and admitted I had a reasonable position. The solution was to walk me over to a 'less public' area (a checkpoint lane that wasn't in use) and do the resolution 'rubdown' with the only difference being the front versus the back of the hands.

Turns out that before the resolution patdown, she ran a blank swab and it alarmed (apparently the first agent hadn't done that) and then another blank swab and it alarmed, and then we moved to a different machine and the blank swab alarmed. Eventually they figured out it was the box of new gloves. So always ask for them to run a control swab on their gloves before they pat you down if you are really worried.

I didn't push back by insisting there was no need to do the 'less public' second patdown anymore (now that they found and documented the false positive). I actually did want to fly that day. She did use the front of her hands, but it was less intrusive/offensive than many opt-out initial patdowns I have had.

The agent felt bad for the Charlie Foxtrot and basically said that the reason for the private room is they don't want to be seen 'groping' people. So I don't see how there could be any legal rationale for them forcing you to go into a private room, simply because they are embarrassed by their job. <shrug>

We won't know for sure until it goes to court or people are successful 'flexing their rights'.

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TSA seems to be aware of the high number of false positives, and I have heard numerous accounts of alarms being resolved using non-default but reasonable procedures (i.e. re-running the original test, resolution patdown NOT in a private room, etc) when the passenger stands their ground. So my recommendation is to first try to reason with them, escalating until you find a reasonable supervisor who will address your concerns.

I'm not sure what the outcome would be or the appropriate behavior if you have triggered one alarm, and refuse consent for any resolution searches and ask to leave the airport.

My guess is that based on the administrative search doctrine, you cannot withdraw consent from a search in progress (see for example, US v Aukai). I think TSA can escalate the search using the least invasive techniques necessary to accomplish their goal of preventing weapons, incendiaries and explosives from getting on a plane.

But then again, if you say you no longer want to fly today, hasn't TSA accomplished that goal? That's how Affection got out of having his 'junk' groped. Of course, he hadn't triggered any alarms when he decided not to fly.

I do think if you trigger an alarm, there is a chance that LEO or FBI might have reasonable suspicion (based on the alarm) to detain you in order to ensure you are not carrying any explosives. There's probably some statute that covers that, where they would have jurisdiction, even after it is established that you are not flying today. Once you have alarmed, I don't think you're realistically going to get out of the airport (and definitely you won't get on a plane) until someone in authority has satisfied themselves that it was a false alarm using some reasonable test or search.

TSA might not have legal authority detain you until LEOs arrive, but it would be hard for you to push your way through a wall of blue shirts without ending up with an assault charge filed against you. And 'fleeing' the area probably won't bode well for the reasonable suspicion.