Originally Posted by
law dawg
SgtScott, I understand LEO detention requirements. I'm a LEO.
What I don't know is how or if those detention standards hold with TSOs as well, since they're not LEOs. Specifically, can a TSO engage in a forced detention?
I've seen no case law on this issue. I read Aukai as permitting TSO forced detention as, to me, not free to leave means just that. But I've not yet seen that specific issue put to the test, as it were.
I knew you were a LEO.
I think if it came down to it, the TSOs would have verbally told Aukai that he could not leave simply because they could not resolve what the bulge was in his pocket (i.e. weapon or not), which I assume would have been fine based on the 9th's interpretation of what occurred. I think it was evident in the text of the ruling that Aukai knew he was not free to leave.
Those here who disagree with the court's decision are basically saying that anyone who gets "caught" with something anytime during the screening process should be allowed to leave the security checkpoint if they wish before TSA and/or LEOs figure out what it is they do not want to reveal.