Originally Posted by
ND Sol
No, they do not have unchecked authority. This comes up every so often and I have yet been directed to a governing law or regulation that would permit this. Once again:
I would be happy to review any law or regulation that states otherwise.
As I stated previously, 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.
I thought that we were in agreement as to where administrative searches could occur, but it appears we are not.
So I am in the sterile area after deplaning and walking through the terminal to the airport exit, but a TSO can decide on a whim (without reasonable suspicion) to detain me and do a pat down search? However, that same TSO can't force me to stop and freeze during what turns out to be a drill? That's incongruous.
I am not aware of anything that limits TSA inspections/searches to only the formal checkpoint screening area; in fact, the CFR section I referenced earlier specifically extends TSA's authority to pretty much most of an airport. But again, TSOs are limited in where they operate.
In the immediate checkpoint screening area (or the other areas I mentioned) no level of suspicion is required. Outside of that or the other areas, reasonable suspicion is much too high a requirement and doesn't apply in administrative searches. But at the same time, no, not on a whim or arbitrarily, either. But sure, if a TSO believes someone in the sterile area had not been searched appropriately or is in possession of a prohibited item then the TSO could require (through supervisors, of course) that person to undergo additional screening and request person to come back to the screening area (but also right there). If the person refuses then local law enforcement would be brought in. If the person refuses a lawful order of a LEO then s/he is most likely going to miss a flight, connection, or timely exit from the airport....
A TSO is not a LEO so one can give a "stop and freeze" direction/order but has no authority to compel compliance (refusal of a LEOs lawful order is a different matter).