I commend you for having your JD. I am looking to go to law school in the near future. I believe you and I can both agree that aside from law school, some attorneys have no criminal experience and how to apply what they learned in a criminal court of law, whether general sessions (prelims) or trial/circuit court. They need experience just like LEO's do once they leave the academy. You will find that I and my counterparts have been threatened on scene by attorneys who have no concept of law, even with something as simple as when Miranda applies.

I am not telling you this to imply that you would not know what to do when dealing with constitutional issues regarding TSA, searches, and detentions, but you and I both know that things work differently in the real world. Definitely so from state to state. Technically in TN, citizens have the same arrest powers as LEOs. They can arrest for a misdemeanor committed in their presence or when probable cause for a felony exists (or when a felony is witnessed). By textual law in TN, if a TSA employee observes something illegal in a suitcase, they could sign the arrest affidavit/warrant as prosecutor. Does it happen? No, but they are listed as a witness if we decide to arrest the passenger.

One might ask why joe citizen does not arrest people left and right if they have this power in TN? Well, they are not protected like LEO's are. There is too much liability at stake if they make a wrong decision.

You made some good points in your last post. I did not want to quote it all to take up more of the board than necessary. I think where you and I disagree is the involvement that TSA has when other possible contraband arises during searches. So far, the courts have favored on my side of the issue. Although TSA may not have near the education, training, or experience as LEOs, their limited involvement in the matter when something is discovered (i.e. notifying law enforcement) is not enough to warrant criminal (or civil) charges against them if the contraband turns out to be something legal. They call us and we decide what the next course of action is. The time frame is 1 - 2 minutes (at least at my airport). I do not think any court is going to feel this is an unreasonable detention/seizure and/or search. At least they have not yet, because every arrest we have had at the checkpoint has held, as I would assume the same for all other states.

As far as who is policing the TSA, I'm sure something is in place for disciplinary action against those who deserve it. From being around checkpoints, I would ask that some of you put yourself in their shoes for 1 day. Most of these folks are just doing what they are told. They get called every name in the book and regularly crapped on. That's not to say that some may instigate it, but there are far few of those than one's who just try to get by like anyone else.

With that said, if I catch anyone causing a disturbance or physically/verbally assualting any personnel during the screening process, I will make sure that a ride to jail is definite.