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Old Jan 7, 2010 | 5:18 pm
  #256  
 
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Originally Posted by bocastephen
You need to presume something about the substance before calling the police - absent expertise or testing equipment, you're suspicions are just that - baseless suspicion.

The police are being called without any clear evidence that wrongdoing is afoot - therefore your actions are illegal and the courts should be quashing this evidence if/when it gets to court.

You are trained to identify a gun - you are not trained to identify or verify the contents of a bag containing white powder or a grassy substance.
Are they really trained to identify a gun? I thought the red team tests demonstrated otherwise.
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Old Jan 7, 2010 | 5:30 pm
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Originally Posted by gsoltso
The stuff we are told to report if found are things that an average person finding them on the street would report to a LEO on their own (or at least that is my personal opinion based on what we are to report).
And I think we're getting to the core issue here: what, exactly, you've been instructed to do.

If you had been told "while you're searching, report any evidence of illegal activity", without specifying what, exactly, constitutes "illegal activity", then there would be very little issue here. Like the person on the street, you'd simply be using your best judgment, leaving the matter for LEOs to handle.

But, as I understand it, that's not what's going on here. You've been told "while you're searching, report any evidence of the following types of illegal activity: [insert list here]". That creates a different situation; you've been specifically directed to pay attention to certain types of illegal activity that are outside the scope of TSA's mandate to search for WEIs --- even if only in a secondary manner. I'm not a lawyer ... but I can see how this could create interesting Fourth Amendment issues.
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Old Jan 7, 2010 | 5:39 pm
  #258  
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Originally Posted by pmocek
West, you didn't answer a single question I asked. Responding to your latest post:



We're not comparing those two things. We're comparing 1) "actively searching" for weapons, explosives, and incendiaries while passively searching for drugs and other possible indicators of wrongdoing, and while ignoring most other possible indicators of wrongdoing, and 2) actively searching for weapons, explosives, incendiaries, drugs, and other possible indicators of wrongdoing, while ignoring most other possible indicators of wrongdoing. I think they're the same. Could you tell me how they differ?

TSOs actively search all bags for possible threats. When manning the xray, if you have an image that indicates a possible threat, then it is referred for additional screening. The TSO takes said bag, searches the bag for the
item(s) that are designated as a possible threat. That is the objective of the search, the threat item(s). When the TSO goes into the bag, if something like illegal drugs is found, it is reported to the STSO. This is not actively searching for drugs, it is reporting something that is found incidental to the reason for the search. You keep implying (and in some cases outright stating) that TSOs go into the bag with the express purpose of finding illegal drugs, and that is wrong.

How so? Are you saying that possession of marijuana (or heroin; not sure what you meant by "dope") is a bigger deal than theft? One has a victim. The other does not. One has been considered wrong since before we had any concept of laws, the other has been used by people to make them feel better for thousands of years, then has been illegal for the past 40.

No, as I stated to JKHuggins earlier, the case of dope (a personal catchall term for any illicit drugs), kiddie porn or some of the other things that have to be reported can be resolved at the location with the addition of LEO. Theft or the possibility of theft requires resources I simply can not draw on at the checkpoint, the same with the copyrighted materials, I do not have the resources to deal with that type of possible illegality on the spot. If there is a bag of dope found while trying to clear the bag of threats, it is referred to the STSO. If I find a stack of pictures of you taking an item from a closed store, I have no recourse to resolve it (and quite frankly if I were to refer this to an LEO, they would probably laugh me out of the checkpoint), furthermore the agency does not advise me to report that.

It doesn't matter what you say you're looking for. As you and Ron have told us, if you see something that looks like an indication of certain crimes you report it, and if you see something that looks like an indication of other crimes, you ignore it.

I guess you could distill that down to this statement, but as many people here like to point out, we are not law enforcement, therefore we have certain things that are to be reported, the others are not. This is a simple matter of cooperation with the DEA and local LEOs, not "use a TSO as an investigator day". The items we refer on, are resolvable at the checkpoint, some of the ones listed here are not.

Would you please, PLEASE, tell me what difference it makes if you're "looking for possible threats" or looking for potatoes, when you're going to take the same action if you find weapons, explosives, incendiaries, drugs, or a number of other things?

I will point out to you that I am a frontliner, and my job consists of clearing threat items, and reporting suspected illegal items to the STSO/LEOs. The actions I take are clearly defined for me and I follow that, the actions after my part are different, but for my responsibilities, the response is the same regardless of whther an illegal item, or a threat item are found.

It seems that your concern is also to keep drugs off planes. If you see something that looks like indication of possession of illegal drugs, you call a supervisor, right? If you see something that looks like indication of possession of stolen cameras, you move on, right?

My concern is just what I said earlier, keeping people and items that would harm the plane or the people on them off of the planes. If something is discovered incidental to doing that, then I report it as I am told. Again, I am not law enforcement, I follow the TSOs SOP and what it indicates is what we do.

Do you feel it's acceptable for you to use your search for WEI as a chance to find drugs, credit card fraud, immigrations violations, and other indications of wrongdoing that have ABSOLUTELY no affect on airline security?
I think that if we find something that the SOP says we are to report, then we report it. There are several cases that indicate limits to the scope of the searches, as long as we stick to the search as defined by SOP, and report what we are supposed to, then we are doing what we as TSOs are required to. If the public/judiciary reach a point where they think that this is a violation of legal statutes or constitutionally incorrect, it will change. I am merely giving you my opinions, and what I do as a frontline employee. I do not make policy, I merely enforce it. You and I will be opposed on many things, I am certain that there are many things we will agree on. On this issue we are opposed (this is actually a good thing, without dissenting opinions, none of us would ever make progress), and I don't think either of us is going to change the others opinion.
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Old Jan 7, 2010 | 5:42 pm
  #259  
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Originally Posted by greentips
RE: no 2. Except for one thing. You are an agent of the United States Government. Once you open my private bag/briefcase for any purpose, it constitutes a search. "Clearing a threat" constitutes a search. The Supreme Court has said in no uncertain terms it is a search. You are only permitted a "limited administrative search" for the specific purposes at hand. Cash, contraband or other items not a direct threat to the safety of an airliner used in commercial air carriage held out for hire are beyond the scope of the permitted search. You argue that you are to report presumed contraband to the cops, thus triggering a probable cause provision and allowing a plain view seizure. The courts have disagreed with this.

No one wants to keep drugs off the streets more than I do. But we are (or were) a country of laws with strong protections against just what you advocate. The founding fathers wrote strong protections against you, the government, from looking willie nillie into my stuff without permission. That permission is granted, either from you asking me politely and I give it to you or you go find a judge and ask the judge for permission, giving a darn good reason for him to give it to you. Anything else beyond your very, very limited administrative search lacks probable cause.

You, as a government agent, are required to presume that the traveler in front of you is innocent of any wrong doing. This is not optional. It is the law that governs you, your attitudes and your behaviors. If you find an unlabeled bag of white powder in my backpack while you are clearing your WEI question, you are required to presume, by law, that that bag is legitimate and that my purposes for carrying it are innocent. The only thing you may test it for is that which is within your very limited scope: explosives and incendiaries. Beyond that is beyond your scope and requires a warrant.

I've seen the damage that drugs on the street, illegal and legal alike can do. They destroy people and I support anything within the law to get them off the street. I cannot support illegal and out-of-scope searches that hinder American Citizens as they go about their private business. You suspect a bag of white powder is heroin, write up a report and have the cops go get a search warrant to search that person's home, but in-transit, it's none of your business in your official capacity.

Of course, if the airlines were to take over security once again, and eliminate the TSA, then they could report suspicious substances. They are not government agents, but private actors. Big difference.
I have to go, but I wanted to give you a little something that I found interesting. It is pretty good summary and there are some links to other sites with even more information. Just some fun reading before I leave for the night. I will talk to ya'll later this weekend.

http://forums.tccoa.com/showthread.php?t=126579&page=2
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Old Jan 7, 2010 | 5:46 pm
  #260  
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Originally Posted by Boggie Dog
Are you claiming it is SSI and cannot state if you receive illegal drug identification training provided by TSA?
I am stating that the training specifics of TSOs are not something I care to publicly disseminate past what is on the TSA.gov website, and there is no specific mention of that on the site... think....cya maybe? Most of what I put on here is opinion or directly from a TSA operated site, therefore when I am asked a specific question that I can't find reference to, I tend to decline answering on the grounds that I like my job and want to keep it.
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Old Jan 7, 2010 | 5:48 pm
  #261  
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Originally Posted by bocastephen
You need to presume something about the substance before calling the police - absent expertise or testing equipment, you're suspicions are just that - baseless suspicion.

The police are being called without any clear evidence that wrongdoing is afoot - therefore your actions are illegal and the courts should be quashing this evidence if/when it gets to court.

You are trained to identify a gun - you are not trained to identify or verify the contents of a bag containing white powder or a grassy substance.
I am a bad subject for this question due to previous training and job responsibilities (undercover drug suppression - I was a NARC). I just tell you guys what we are supposed to do based on the regs.
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Old Jan 7, 2010 | 6:03 pm
  #262  
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Originally Posted by gsoltso
I am stating that the training specifics of TSOs are not something I care to publicly disseminate past what is on the TSA.gov website, and there is no specific mention of that on the site... think....cya maybe? Most of what I put on here is opinion or directly from a TSA operated site, therefore when I am asked a specific question that I can't find reference to, I tend to decline answering on the grounds that I like my job and want to keep it.
Not asking you to jeapordize your job but I see no harm in saying that you do or do not receive training that helps you ID illegal drugs.

I would wonder why a TSO would need that training but that is a different matter.
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Old Jan 7, 2010 | 6:18 pm
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unanswered questions for GSO LTSO West and TSO Ron

Originally Posted by gsoltso
I think that if we find something that the SOP says we are to report, then we report it. There are several cases that indicate limits to the scope of the searches, as long as we stick to the search as defined by SOP, and report what we are supposed to, then we are doing what we as TSOs are required to. If the public/judiciary reach a point where they think that this is a violation of legal statutes or constitutionally incorrect, it will change. I am merely giving you my opinions, and what I do as a frontline employee. I do not make policy, I merely enforce it. You and I will be opposed on many things, I am certain that there are many things we will agree on. On this issue we are opposed (this is actually a good thing, without dissenting opinions, none of us would ever make progress), and I don't think either of us is going to change the others opinion.
...and you dodged every question again. These are mostly simple yes/no questions about your stated and implied opinions, and about the job you do as a public servant. Why won't you answer?

  1. Do you agree that when you look in a bag and ignore everything except for certain things, that amounts to a search for those things?
  2. Do you treat things that appear to be illegal drugs the same as things that look like weapons when searching people and their belongings, alerting a supervisor in each case?
  3. What difference does it make if you're "looking for possible threats" or looking for potatoes, when you're going to take the same action in either case if you find weapons, explosives, incendiaries, drugs, or a number of other things?
  4. How do these two differ? 1) "actively searching" for weapons, explosives, and incendiaries while passively searching for drugs and other possible indicators of wrongdoing, and while ignoring most other possible indicators of wrongdoing, and 2) actively searching for weapons, explosives, incendiaries, drugs, and other possible indicators of wrongdoing, while ignoring most other possible indicators of wrongdoing.
  5. You wrote, "IF there is nothing in the bag that looks like a threat or possible threat, then the bag rolls on," then in the same post, wrote, "When I am searching and see something that looks like illegal drugs, I refer to a supervisor, period." How do you reconcile these contradictory statements about your duties?
  6. What would you do if were hand-searching someone's bag and you saw three cameras along with photographs of that person smashing a store window, crawling through the hole, and leaving with a bag of cameras?
  7. Do you think that possession of small amounts of marijuana by adults is a bigger deal -- more cause for investigation and punishment -- than stealing things from other people is?
  8. Do you acknowledge that TSA proudly announces the fact that it finds evidence of identity theft, credit card fraud, passport fraud, immigrations violations, and possession of controlled substances, when "searching for weapons, explosives, and incendiaries"?
  9. Do you feel it's appropriate for you to use your search for WEI as a chance to find drugs, credit card fraud, immigrations violations, and other indications of wrongdoing that have ABSOLUTELY no affect on airline security?
  10. Do you suppose we could find even more evidence of wrongdoing than we do now if we allowed our government agents to stop everyone who passes other places -- highway entrance ramps, for instance -- and search them for evidence of wrongdoing?
  11. Do you acknowledge that our courts have ruled that fishing expeditions such as they hypothetical TSA highway entrance ramp "screening checkpoint" described above are unconstitutional, and that in this nation, we aren't supposed to stop all the good people just to look for the few bad people?

Ron, you fell silent. Care to continue the conversation you started? You've made some bold claims, then when challenged to explain yourself, failed to say another word.
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Old Jan 7, 2010 | 6:37 pm
  #264  
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Originally Posted by Boggie Dog

I am not sure what I can say about that. There are SSI rules that cover all forms of training, or lack thereof, so i am not going to be able to give you a direct answer on that one, sorry.
Are you claiming it is SSI and cannot state if you receive illegal drug identification training provided by TSA?
On June 4, 2008, oneofthosepeopleyoulovetohate wrote in response to this question: What documented training do you have in regards to illicit drugs and such?

Absolutely none

This particular poster has not been heard from in 11 months.
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Old Jan 7, 2010 | 6:37 pm
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Originally Posted by pmocek
Ron, you fell silent. Care to continue the conversation you started? You've made some bold claims, then when challenged to explain yourself, failed to say another word.
SOP for him
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Old Jan 7, 2010 | 7:06 pm
  #266  
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Originally Posted by doober
On June 4, 2008, oneofthosepeopleyoulovetohate wrote in response to this question: What documented training do you have in regards to illicit drugs and such?

Absolutely none

This particular poster has not been heard from in 11 months.
Are you suggesting that adverse action was taken against them for making that statement?

I wouldn't put it pass the Galestapo.
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Old Jan 7, 2010 | 7:11 pm
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Originally Posted by Boggie Dog
Are you suggesting that adverse action was taken against them for making that statement?

I wouldn't put it pass the Galestapo.
Read this thread and then you tell me:

http://www.flyertalk.com/forum/trave...l#post11254566

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Old Jan 7, 2010 | 8:58 pm
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Originally Posted by gsoltso
I am stating that the training specifics of TSOs are not something I care to publicly disseminate past what is on the TSA.gov website, and there is no specific mention of that on the site... think....cya maybe? Most of what I put on here is opinion or directly from a TSA operated site, therefore when I am asked a specific question that I can't find reference to, I tend to decline answering on the grounds that I like my job and want to keep it.
What does the question about whether TSO's are trained in identifying illegal drugs have to do with the mission of the TSA? It doesn't. As such, the TSA can not hide behind the SSI rubric to refuse to answer that question.

Truth is, TSO's have no training from the TSA in identification of illegal drugs. Why? Because if they did, each arrest related to a screening checkpoint find of illegal drugs by a TSO would be thrown out. And though TSO's say they are required to report illegal drugs, what are the consequences to them if they don't? Absolutely none. How can you hold a TSO responsible for not reporting something that they are not trained to identify? You can't. As such, TSO's shouldn't be generally reporting their suspicions other than those related to WEI.
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Old Jan 8, 2010 | 1:35 am
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Ron's seemingly-baseless accusation of me misquoting him

Recently, by way of sarcastically stating that he appreciated being misquoted, TSORon accused me of misquoting him:

Originally Posted by TSORon
Originally Posted by pmocek
TSO Ron seems to think that if you see something in someone's bag that looks like illegal drugs, you [TSA airport passenger and bag search staff] are required to report it to a supervisor.
I absolutely love it when someone tries putting words in my mouth.
Ron, how was I putting words in your mouth? Reviewing the conversation, I first thought that maybe I had put words in your mouth, that maybe you hadn't said that you're required to report your finding of something you suspect is illegal drugs to a supervisor. But I looked some more, and found that you did indeed say so.

Ron quoted N965VJ and responded:
Originally Posted by TSORon
Originally Posted by N965VJ
Apologies for the tardy reply. The problem is your employer’s focus on non-threats such as drugs and cash are a dangerous distraction from keeping weapons, explosives and incendiaries from passing though the checkpoint. Using illegal drugs as an analogy is an example of this.
Actually we dont. We dont stop a bag because it may have drugs in it, drugs just happen to often appear as an organic substance, just like many explosives do. But if we go into a bag looking for your toothpaste and find your stash of dope then of course we notify a LEO. What the LEO does with the situation from there is up to them.

And thats how the vast majority of drugs are found in TSA workplaces. We are searching a bag for a suspected prohibited item and we find the stash. Its not intentional but we cannot ignore it.
I quoted Ron and responded:
Originally Posted by pmocek
Originally Posted by TSORon
Its not intentional but we cannot ignore it.
Wrong. You can ignore it, just like you ignore a number of other things which might indicate wrongdoing, might not indicate wrongdoing, and almost certainly do not present a danger to anyone if they are carried into the airport or onto an airplane.
Ron quoted me and responded:
Originally Posted by TSORon
Originally Posted by pmocek
Wrong. You can ignore it, just like you ignore a number of other things which might indicate wrongdoing, might not indicate wrongdoing, and almost certainly do not present a danger to anyone if they are carried into the airport or onto an airplane.
No, not according to SOP I cant. I like my job, I’d like to keep it for a while.
Ron, I don't think there was any putting-of-words-in-mouth on my part as you implied. Could you please explain your accusation or retract it?

In another exchange, you made it clear that you would call a supervisor regardless of whether you found something that looks like a weapon or found something that looks like illegal drugs:

Originally Posted by TSORon
Originally Posted by pmocek
Originally Posted by TSORon
If between starting the search and that time when I find the prohibited item I am looking for I find your stash, I am going to call a supervisor and then move on to the next bag. If you are dumb enough to try and transport an illegal substance through a TSA checkpoint then you get what you deserve if its discovered.
Isn't that precisely what you'll do if you find something that looks like a bomb or other weapon? In either case, you're looking through someone's belongings in an attempt to find things that are not supposed to be there. In either case, if you see something that looks like one of certain items that are not supposed to be there, you're going to stop and call a supervisor. You're only going to move on to the next bag if you can do so without releasing the one with the suspicious item. Please tell me the difference in your reaction to finding something that you suspect is an illegal drug and something that you suspect is a weapon.
No difference, I will call a supervisor in either case. By weapon I mean a firearm, knives and such I have the authority to deal with on my own, unless its larger than 3inches.
Ron, can you please explain how you consider this a search only for weapons, explosives, and incendiaries, when by your own admission, if you think you see drugs while you're searching someone's belongings, you will -- and are required to -- take precisely the same action as you would take if you think you see a weapon? Remember, we're not talking just about your "find the threat item" task, but the entire search of someone's belongings.

If searching a bag, then alerting a supervisor if you find what you suspect is drugs is, as you claim, not a search for drugs, then how can you consider searching a bag, then alerting a supervisor if you find what you suspect is a weapon to be a search for weapons? If it's going to be considered a search "for" anything, it seems that it's as much a search for drugs as it is a search for weapons, regardless of what you call it.
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Old Jan 8, 2010 | 9:11 am
  #270  
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Originally Posted by pmocek
...and you dodged every question again. These are mostly simple yes/no questions about your stated and implied opinions, and about the job you do as a public servant. Why won't you answer?

  1. Do you agree that when you look in a bag and ignore everything except for certain things, that amounts to a search for those things?
  2. Do you treat things that appear to be illegal drugs the same as things that look like weapons when searching people and their belongings, alerting a supervisor in each case?
  3. What difference does it make if you're "looking for possible threats" or looking for potatoes, when you're going to take the same action in either case if you find weapons, explosives, incendiaries, drugs, or a number of other things?
  4. How do these two differ? 1) "actively searching" for weapons, explosives, and incendiaries while passively searching for drugs and other possible indicators of wrongdoing, and while ignoring most other possible indicators of wrongdoing, and 2) actively searching for weapons, explosives, incendiaries, drugs, and other possible indicators of wrongdoing, while ignoring most other possible indicators of wrongdoing.
  5. You wrote, "IF there is nothing in the bag that looks like a threat or possible threat, then the bag rolls on," then in the same post, wrote, "When I am searching and see something that looks like illegal drugs, I refer to a supervisor, period." How do you reconcile these contradictory statements about your duties?
  6. What would you do if were hand-searching someone's bag and you saw three cameras along with photographs of that person smashing a store window, crawling through the hole, and leaving with a bag of cameras?
  7. Do you think that possession of small amounts of marijuana by adults is a bigger deal -- more cause for investigation and punishment -- than stealing things from other people is?
  8. Do you acknowledge that TSA proudly announces the fact that it finds evidence of identity theft, credit card fraud, passport fraud, immigrations violations, and possession of controlled substances, when "searching for weapons, explosives, and incendiaries"?
  9. Do you feel it's appropriate for you to use your search for WEI as a chance to find drugs, credit card fraud, immigrations violations, and other indications of wrongdoing that have ABSOLUTELY no affect on airline security?
  10. Do you suppose we could find even more evidence of wrongdoing than we do now if we allowed our government agents to stop everyone who passes other places -- highway entrance ramps, for instance -- and search them for evidence of wrongdoing?
  11. Do you acknowledge that our courts have ruled that fishing expeditions such as they hypothetical TSA highway entrance ramp "screening checkpoint" described above are unconstitutional, and that in this nation, we aren't supposed to stop all the good people just to look for the few bad people?

Ron, you fell silent. Care to continue the conversation you started? You've made some bold claims, then when challenged to explain yourself, failed to say another word.
1. Not necessarily. The search is for a specific identified item(s), the finding of something else in the process is not the same as actively searching for it.

2. In my position as a TSO, the response is the same, notify an STSO.

3. Potatoes are not a threat or illegal, therefore no action is required, the other items you list require further action.

4. I am not certain that I completely understand the question, please elaborate.

5. I reconcile that by explaining (again), that if I am on the xray and there is nothing that appears to be a possible threat, the bag continues on with no further screening. If I am searching a bag for an item identified as a possible threat (by the xray operator), then I am to go into the bag and clear that threat. If I am in the process of clearing the bag and find illegal items, they are to be referred to the STSO.

6. Clear the bag (if no threat is there) and send the passenger on their way. We are not law enforcement and have no cooperative agreements pursuant to possible thefts identified photographically.

7. I think that both should be prosecuted under the law based on the punishments posted in the geographic location they are. There is no difference in importance, both are illegal where I am (and in most locations in the United States) and both should be pursued with the same vigor.

8. I acknowledge that TSA posts information on items found while performing their duty.

9. I feel that if illegal items are found while performing our duty, and we have been instructed to report them, we should report them.

10. Of course there would be an opportunity to find more evidence of illegal activities and items. However, we do not set up onramp checkpoints and I have not heard of any plans to begin doing so.

11. The court decisions I have seen, indicate that the individuals performing the searches, overstepped their boundaries and were corrected. I have seen nothing that indicates that items found while specifically looking for possible threats (as opposed to looking specifically for something else in the bag) is incorrect at this point.
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