Originally Posted by
ND Sol
Snip
Interesting your statement about “clearly defined in regulation” as
this law review article notes, “Because information about the security measures followed by TSA agents is largely unavailable to the public . . . .”.
The section of the TSA regulations entitled “Responsibilities of Passengers and Other Individuals and Persons,” contains the TSA’s rules regarding what air travelers must do to comply with TSA regulations.” 49 C.F.R. §§ 1540.101–.117. What else can you point us to? And that clearly states:
I don’t think the signage says what you think that it says.
Actually, every time you work the screening checkpoint, you are “conduct[ing] a search without consent”. Your anecdotal statement about searches reinforces my point about searches done outside of the screening checkpoint or not part of boarding an airplane.
That is just not true. What is your basis for your statement of law? Please link us to that “regulatory scheme or design” that supports your statement.
“Faced with the choice between changing one's mind and proving that there is no need to do so, almost everyone gets busy on the proof.” John Kenneth Galbraith
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.
Without their consent, no.
Unless you are proposing that the screening checkpoint be moved to the parking lot, where is the authority of the TSA to conduct an administrative search outside of the sterile area/screening checkpoint?
The only signage I can find at one of our sites, is the one at the Blog - see it here
http://blog.tsa.gov/2011/02/screenin...-savannah.html
It says exactly what I said it did, and the signage at most checkpoints I have seen are an almost exact replica of this sign.
I am not going to argue the language you are using, I am merely stating this is the process -
-Passenger chooses to fly
-Passenger will choose to either submit to the screening and regulations covering the secured/sterile areas of the airport or they will not
- If they choose to enter, they are subject to screening upon entry, and at any other time that the programs indicate they will be (such as at the gate, at other areas in the sterile area)
- If they choose not to enter, they will be denied access to the sterile/secured area
**- There are some airports that also post signage similar to the one at the above link at the entrance to the airport, and the people either choose to enter and submit, or choose not to enter.
You are free to tell TSOs or LEOs you are
not going to submit to a search in the sterile/secured areas, but the end result will most likely be you will be escorted from the sterile area, and denied access to the flights. YMMV as to the actual happenings that go on, but that is the most likely event that will occur.
** These airports post this signage completely independent of TSA/DHS and it is their individual policy.