And SgtScott31 takes a break from his lecture and claims that he takes all who "assualt" screeners with attitude off to jail:
It is awesome how you and a few others take one sentence out of all of my posts and throw it in as you see fit to make it sound like I am just an overbearing cop who wants to side 110% with TSA and beat up the "bad passengers." Hopefully people are smart enough to read my posts on this forum in their entirety and form their own opinion of how I do my job. It is definitely a trend here to twist my words as much as possible.
Wow. Thought so, but nice to see this confirmed by a TSO. Thank-you. And IMHO that makes Aukai a totally impractical, muddled sham ruling that concludes no ability to terminate an administrative search should be given because terrorists might use this to test the airport "security" system.
Well, too bad. The US Appellate judges feel differently, and I doubt this case will even be heard by SCOTUS, again, reaffirming what is going to stick (in most cases) when it comes to airport searches (for a good while anyway).
Just because no court has yet ruled when the search goes out of bounds and when the evidence becomes inadmissible, doesn't mean to say they won't ever rule this way,
True, the courts may not always see this way, and each ruling will obviously take all the facts of each incident into consideration before they make another decision, whether reaffirming Aukai, or deciding new precedent. If a new case comes about, I will be happy to discuss it with you, whether it is for or against my stance on the issue. As it stands right now, the higher court of the land advises that it is perfectly legal to hold passengers for LEO arrival if they refuse to be searched at anytime once the screening process is initiated.
Although some misguided courts might have upheld the introduction of this
illegally found evidence, the fact remains - until the police actually show up, the TSA has no legal right to physically restrain or detain a passenger, and any attempt to hold, restrain, cuff, tackle, threaten or otherwise prevent someone from leaving the checkpoint until the police arrive is illegal and a crime.
If the police are standing right there, then the issue is moot - but if they need to be called, and there could be a 3, 4, 5 minute or longer wait for them to arrive, then the passenger can gather their belongings and leave and there is nothing legal the TSA staff can do to stop it.
It is probably a mute issue, because if I understand correctly, LEOs are required to have a 1 minute (or less) response to the checkpoints at all times, but in the mean time, show me a civil or criminal case that was won
against TSA due to holding someone for LEO arrival and I will send a dinner gift card your way.
It surprises me that you find most of the judges/courts in the US so incompetent because this practice of TSOs holding someone for LEO's has yet to be challenged (and won). I would like to think that we should have some confidence in those making life changing rulings in our society. If and when the time comes where checkpoint searches become more stringent for the TSA, I will go by what is decided in our courts and the advice given by the AG/ADA's on how we handle it.