Originally Posted by whirledtraveler
One topic that we've gone over on this forum a number of times is whether items at the checkpoint are surrendered or confiscated.
The position of the govt (and screeners here) is that you have a choice.. you can leave the line and put items in your car (if you have it with you), give them to a friend (if they are around) or mail them (if that service is available).
The contrary position is that what happens at the checkpoint is effectively confiscation. Screening is not consistent and it is hard to know in advance what will be prohibited by particular screeners. Given that, you are not really surrendering, you are merely given a choice of whether your time will be confiscated (having to leave the line, take care of your item and rejoin) or your property. This amounts to a form of coercion. The evidence is seen in the number of items that people "surrender." People don't just give their property to the govt because they love the govt, they are giving it up because it is less valuable than their plane ticket, a ticket that could be jeopardy if they have to rejoin one of those interminable lines.
There is another argument for calling it confiscation. In another thread, a screener mentioned that once you "surrender" an item, it becomes the property of the government; you can't get it back. Well, that is clearly confiscation. Leaving one's wallet on the sidewalk does not make it the property of the govt. The TSA has the choice of confiscating the items or forming a lost and found system. The fact that they haven't done the latter clearly makes the transaction a form of confiscation.
Why not take some personal responsibility for your actions? You should know by now that the security lines will be long during certain times of the travel day. Why can you not plan ahead? Ever hear of time management?
As for confiscation, there's a difference between a wallet that's left on the sidewalk and an item that is intentionally turned over to an agent of the government for final disposition. When you turn a prohibited item over to a screener, your actions signify your intent to surrender responsibility for the item by transfering that responsibility to the government (TSA). If the reason you do so is because you don't want to go through the hassle of standing in line again, please refer to my previous comment above about planning ahead and time management.
Clearly TSA has a responsibility of properly explaining your options to you. If a TSA screener fails to do this correctly, then you do have a case of confiscation. Talking about prohibited items such as scissors, most knives, hazardous materials, etc. Illegal weapons and bombs fall under a different situation, but then again, you will be dealing with a state-licensed peace officer rather than a screener in that situation.