Originally Posted by
Section 107
Would you please post the actual CFR or at least cite the section you are referring to?
Because 49 CFR Ch 11 Part 1542, gives no such limitations.
it is very important to remember that at an airport a security inspection is an administrative action, not a criminal action. In relation to criminal matters you might be correct (depending upon the circumstances). But we are not talking about criminal matters (although a criminal matter might arise from such an inspection). The law can be a pisser that way. Just ask Yossarian....
Is 49 CFR 1542 applicable to non-covered persons?
§ 1540.107 Submission to screening and inspection. (a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.
The searches are administrative in nature and, as such, must be tailored narrowly as otherwise they are violative of the Fourth Amendment.
Originally Posted by
gsoltso
If you are in the sterile area of an airport, you and your property are subject to search. The TSA.gov page even states this
https://www.tsa.gov/travel/security-screening.
"TSA officers may use risk-based security measures to identify, mitigate and resolve potential threats at the airport security checkpoint. These officers may ask you questions about your travel to include identity, travel itinerary and property. TSA may use a variety of screening processes, including random screening, regardless of whether an alarm is triggered.
In addition, TSA uses unpredictable security measures throughout the airport and no individual is guaranteed expedited screening."
This indicates that there is a random screening element throughout the airport - to include employees, even TSOs. I can speak that this happens consistently (at least at a couple of places anyway), because I have been screened 3 times in the last year at my own airport, and twice at another airport during the course of my duties. I can not post copies of the signage, because I am unable to find one online at one of our sites (and I pretty much try to stick to things I can find on our own pages to post). These searches are a part of the larger regulatory plan, and have been since I have been working here (12 years).
The only applicable statement to outside the screening checkpoint in your quote is "TSA uses unpredictable security measures throughout the airport." That can (and most probably does) mean something different than your conclusion of "a random screening element throughout the airport" of non-covered persons.
We read all the time that TSOs have no right to detain non-covered persons such that posters regularly state that in TSA drills they refuse to freeze and keep on walking. It would be incongruous to state that it is okay to keep walking when ordered to freeze, but it is not okay when a TSO wants to detain you for a purely random physical search.
Why can't you just take a photo of the signage at your airport and post it. That way we can actually see the verbiage and not conjecture about it.
Once again, how many searches of persons have you done without their consent past the checkpoint and not part of the boarding process where you had no reasonable suspicion of wrongdoing?
Bottom line, a higher standard to conduct a search of a non-covered person is required if that person is not proceeding through the screening checkpoint or is not boarding an aircraft.