Originally Posted by FliesWay2Much

The points you raise always get me wrapped around the axle when I try to make sense of the whole TSA thing.

In your first paragraph, I would agree except that we are told that we can't stop the checkpoint screening once it has started. So, is the checkpoint a "consent search?" If you can't withdraw once it has started, I tend to believe the consent stops when you put your stuff through the X-Ray and walk through the metal detector. So, if you can't stop it (i.e.: being detained) and it is no longer a consent search, there must be reasonable suspicion to conduct a search in this manner. So, that would tell me that everyone entering a checkpoint has crossed the line of reasonable suspicion simply for attempting to enter a sterile area of an airport. This conclusion would make me believe that we are dealing with a Terry-type situation.

In your second paragraph, I think we agree on all of your points. The legal issue remaining is if there is any difference between a LEO and another government employee, such as a TSO. On the surface, one argument is that a LEO and a TSO are different. On the other hand, if you apply a "reasonableness" test, would a judge conclude that the proverbial "average American" would be able to conclude that a LEO and TSO, standing side-by-side, both wearing uniforms and police-looking badges, have different authorities? My guess is "no", and a judge could rule that a SPOTnik would have to meet Terry standards in order to detain a nervous-looking passenger for questioning and be able to clearly articulate reasonable suspicion.

This appears to be the fundamental issue: Is a TSO a LEO for the purposes of Terry standards (and others as well)?