Originally Posted by
garykung
FWIW - ACLU agrees with me:
https://www.aclu.org/know-your-right...ntain-a-weapon
Keep in mind - ACLU is a prominent organization challenging the status quo. If ACLU says something like this, even not authoritative enough, I would say it is sufficient to be pervasive.
So no - TSA did not exceed its authority.
I believe I did what I should do by pointing out FAM are not your typical TSA TSO.
Indeed. But FWIW - both of them can hold you temporarily until a LEO arrives. So TSO or LEO - it is entirely your choice.
But dealing with TSO - a few minutes delay of your purposed travel. LEO? Kiss your travel goodbye.
Not trying to separate pepper from other things but the statement:
"Except FAM, TSA are not LEOs." is not completely true. Federal Air Marshals are full fledged law enforcement officers whose primary duties are aviation safety but can be utilized in other federal law enforcement tasking if needed.
TSA is limited to conduct a Limited Administrative Search for the sole purpose of finding Weapons, Explosives, and Incendiaries. Searching beyond determining if the folio contained WEI exceeded TSA's mandate. Nothing stated in the ACLU link provided suggests otherwise.
Another fallacy, TSA screeners cannot detain a person. They can exclude entry to sterile parts of an airport or call a LEO but they cannot physically restrain you. If they attempt to do so attempt calling for police yourself.
Travelers need to understand the limits of TSA screeners authority and respond appropriately when their civil rights have been violated. That is best done after the fact by involving the DHS OIG and other resources an individual may have.