Originally Posted by
FliesWay2Much
I had kept that in my head while writing the OP. I know the Terry Stop doctrine started with cops. An interesting excursion would be to determine if compliance with Terry Stop restrictions were intended to apply to only cops? Does it apply to other government officials who interrogate the public in similar fashion: IRS auditors, EPA inspectors, etc? Clearly, the screener or the passenger who involves a cop ups the ante and actually brings more of the Constitutional protections back into play.
A "Terry Stop" applies to law enforcement officers of competent jurisdiction. There are two parts to a Terry Stop - the stop itself and a limited patdown to see if the individual is armed. Both parts must have specific and articulable facts that give a reason for the stop and, if performed, patdown. Probable cause is not needed, but an officer has to have more than a hunch.
A TSO does not have the ability to invoke a "Terry Stop" or "Terry Frisk," as a TSO does not have the authority to restrain one's freedom of movement in any significant way. Absent a state law that allows a "citizen's arrest," a TSO can only summon a real police officer.
What TSA hangs their hat on is the ability to conduct administrative searches, which fall outside the search warrant requirements of the 4th Amendment.