FlyerTalk Forums - View Single Post - TSA Changes Rules on Medical Cannabis (Quietly)
Old Jun 4, 2019, 8:38 pm
  #45  
Boggie Dog
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Originally Posted by saizai
If they are denying access in order to wait for police, then that's an unlawful detention. (It's illegal - a civil violation punishable by fine, not a crime punishable by jail - to leave TSA screening before they finish. So per Terry and the usual administrative search law like DUI checkpoints, they're only allowed to keep you for as long as it takes to do the thing they're there for, and not a minute more.)

They are allowed to deny access because someone doesn't cooperate with the security screening. They are allowed to call the cops, but only in the same sense as anyone is allowed to call the cops. They can't (legally) hold things up on that.

I strongly recommend listening to the Pellegrino en banc oral argument: video, audio. (See also panel argument audio.)

You may enjoy hearing the judges outright laugh in the face of TSA's lawyer for suggesting that TSA doesn't detain people.



Yes: APA notice and comment. See EPIC v DHS, 635 F. 3d 1 (D.C. Cir. 2011).



It's a somewhat more subtle question. I believe that they are told not to search for drugs. However, if they see something that they think might be drugs, I think they do in fact do a follow-up search for that, which violates Terry. And I know that their internal magazine repeatedly praises TSOs for drug, immigration, and miscellaneous criminal (e.g. outstanding warrant) "catches". And I know that their study of SPOT / "behavior detection" uses those kinds of outcomes as proof of effectiveness.
I also think screeners are told not to search for drugs with a wink, wink, nod, nod.
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