Originally Posted by
SgtScott31
I knew you were a LEO.
I knew you did. I was just testing you.
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.
While I concur, what would happen should he try and leave? Can a TSO lay on hands (the old "Habeas Grabus")? Can a TSO physically restrain?
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.
It would seem that, should a TSO not be able to physically restrain someone from leaving, then the "not free to leave" part is a toothless provision. But again, I've not seen this put to the actual test yet.
Or at least I'm unaware of such.