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greentips Jan 7, 2010 2:34 pm


Originally Posted by gsoltso (Post 13133655)
You know, I wrote this huge well reasoned and thought out response to this, but it timed me out, so I am going to distill it a bit.

1) You can twist what I write all you want, there is a difference between actively searching for something, and reporting something discovered while trying to clear a threat or possible threat from a bag.

2) I will not argue the semantics on drugs with you. They are a sticking point for you, not for me - what the law states where I am is what I go by. The law here says drugs are illegal.

3) Pictures of a "possible" possession of stolen goods is a far cry from suspected kiddie porn and a suspected bag of dope.

4)Again, the checkpoints are not a dragnet or fishing expedition, they are used to clear people and items to get on the airplanes. We are looking for WEI, and if you have something illegal that is discovered while trying to do that job, it will be reported to the STSO/LEO whichever is required.

5) We do not go into a bag looking for anything other than possible threats, period. If something illegal is found, then it is reported to the STSO/LEO whichever is called for.

6) The items you list above that TSA announces are found, are found while searching for WEI, or at the TDC where we check ID.

7) There could be discovery of many things that are wrongdoing with a couple of laws being passed. That is not my concern, my concern is to keep WEI and people that would use them to harm the airplane or people on it, off the planes. That is my focus everyday, and I do a pretty bagn up job of it if I do say so myself.

8) The best advice I can give to a passenger worrying about illegal items in their bag at the checkpoint - DON'T have illegal items in your bags to start with. We do not search for illegal items specifically, but if they are discovered while trying to clear a bag of threat items, it will be reported.

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.

doober Jan 7, 2010 2:38 pm


Originally Posted by Boggie Dog (Post 13133849)
What specific training does TSA provide its employees so they can make a reasonable determination that a substance is an illegal drug?

I don't know what gsoltso's answer will be, but other screeners have told us they get no training in identifying drugs, so basically it's all a matter of what they think it might be.

Boggie Dog Jan 7, 2010 2:41 pm


Originally Posted by IslandBased (Post 13134745)
Don't forget the syringe of creme de cassis to go with it. :p

Will pass on that, some FAM might have an itchy finger.

Boggie Dog Jan 7, 2010 2:57 pm


Originally Posted by doober (Post 13134795)
I don't know what gsoltso's answer will be, but other screeners have told us they get no training in identifying drugs, so basically it's all a matter of what they think it might be.

I suspect as much so my question goes to how any person might have the knowledge to ID illegal drugs.

The educational requirements to be a TSO are pretty basic. If they have no training provided by their employer giving them the skill to ID drugs then I suggest they do not have said skills to do so. I also suggest they have no reason to suspect an unknown item to be an illegal item unless it impacts aviation safety. This goes also for some legal items like large sums of cash. Clearly these things should not be of interest to TSA.

The problem is that TSA is doing all it can to become a unregulated State Police Force. As it is now we have to have permission from TSA to travel, even within our on state, should we choose to travel by mass transportation.

TSA has secret rules that travelers must comply with yet will not disclose those rules.

TSA will not provide clear information for the new WBI Strip Search Machines they are trying to force on the public.

I fail to see how anyone can support this agency.

pmocek Jan 7, 2010 3:22 pm

West, you didn't answer a single question I asked. Responding to your latest post:


Originally Posted by gsoltso (Post 13133655)
there is a difference between actively searching for something, and reporting something discovered while trying to clear a threat or possible threat from a bag.

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?


Originally Posted by gsoltso (Post 13133655)
Pictures of a "possible" possession of stolen goods is a far cry from suspected kiddie porn and a suspected bag of dope.

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.


Originally Posted by gsoltso (Post 13133655)
We are looking for WEI, and if you have something illegal that is discovered while trying to do that job, it will be reported to the STSO/LEO whichever is required.

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.


Originally Posted by gsoltso (Post 13133655)
We do not go into a bag looking for anything other than possible threats, period. If something illegal is found, then it is reported to the STSO/LEO whichever is called for.

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?


Originally Posted by gsoltso (Post 13133655)
my concern is to keep WEI and people that would use them to harm the airplane or people on it, off the planes.

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?

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?

pmocek Jan 7, 2010 3:23 pm

Let's try this again:


Originally Posted by pmocek

Originally Posted by gsoltso (Post 13102070)

Originally Posted by pmocek (Post 13098735)
So if while searching someone's belongings with your X-ray machine, you see something that looks like a bag of plant matter and some rolling papers, a bag of powder along with a scale, razor blade, and a straw, a bag of powder with a syringe and a tourniquet, a big bag of pills, a bong, a fancy glass pipe, a large quantity of cash, a bunch of credit cards, or a bunch of passports, you're going to ignore that thing and move on? I find that hard to believe.

Of course I am not going to pass that up, there is a razor blade in it and razor blades are verboten.

I shouldn't have included the razor blade in my example. I was just trying to emphasize the idea that you'd be seeing something that you were likely to suspect to be cocaine.


Originally Posted by gsoltso (Post 13102070)
The other items (depending on what they look like, some of the stuff you list here would be dense enough to cause a bag check based on a possible threat) would possibly be discovered while looking for the razor blade. IF there is nothing in the bag that looks like a threat or possible threat, then the bag rolls on. Sorry if you don't believe me, but I really don't care. I tell you what I have done in the past and would do now on xray, whether you believe or not is not my problem.

Okay, so when you're doing the search with an X-ray, you'll ignore anything that looks like drugs or drug paraphernalia, and stick to looking for weapons, explosives, and incendiaries. Great! That's what I and many other people think you should do. None of that other stuff is any of your business. Congress would not have authorized warrantless searches for arbitrary indications of possible wrongdoing; they authorized you to search for weapons, explosives, and incendiaries. Searching everyone who passes to look for any indication of wrongdoing is unamerican and unconstitutional, no matter how much crime it would allow you to detect. Your job is not to detect crime; it's to keep dangerous items off airplanes.

That's what you said, right? You said that if there's nothing in a bag that looks like a threat or possible threat (such as a bag of plant matter), you take no action and move on, right?



Originally Posted by pmocek

Originally Posted by gsoltso (Post 13102070)

Originally Posted by pmocek (Post 13098735)
West, this is so simple: 1) When you and your associates are searching someone's belongings, and you see something that looks to you like illegal drugs, what do you do? 2) When you and your associates are searching someone's belongings, and you see something that looks to you like a weapon, what do you do? Ron tells us that the next step in each case is the same: get a supervisor involved. Is that correct? If so, how can you say that you are searching for weapons but not for drugs?

When I am searching and see something that looks like illegal drugs, I refer to a supervisor, period. That has nothing to do with the reasoning behind the bag search. That is a response that the agency has in place based upon discovery - meaning that if we come across it while performing the basic duty (searching for WEI), we report it, end of story.

Wait a minute -- that directly contradicts what you just wrote. Now, you're saying that when you search a bag, if you see weapons, explosives, incendiaries, or drugs, you refer to a supervisor. Call it what you like; that's as much a search for drugs as it is a search for weapons, explosives, and incendiaries. Why do you suppose you've been trained to take the same action when you find something that looks like it might be and illegal drug as you've been trained to take when you find somethign that looks like it might be a weapon? Why do you suppose you've been indoctrinated with the idea that it's a search specifically for weopons, explosives, and incendiaries, when in reality, a number of other things are treated exactly the same in the course of your searches?

Okay, so this time, you said that those things would not be ignored. Can you please reconcile your two statements?



Originally Posted by pmocek

Originally Posted by gsoltso (Post 13102070)
What you keep trying to make out is that all TSOs go into a bag looking for drugs or money and anything else that would be "the big catch" and it is just not true. Many of the TSOs would rather go through their entire career without finding anything other than the odd pocket knife or soda (it means that they are safer in general AND they don't have to run the chance of testifying in court!). Some TSOs may say they are doing this, and to those I say - Bad idea, it can get you in trouble.

And what you don't seem to understand is that even if you call it a search for potatoes, and you really think you're looking for potatoes, if you have a list of other things that you're supposed to watch out for, then you're really searching for those other things. There's just no way around it. You look in a bag, and you ignore everything except for certain things. That's a search for those things.

Do you agree or not that when you look in a bag and ignor everything except for certain things, that's a search for those things?


Originally Posted by pmocek

Originally Posted by gsoltso (Post 13102070)
Oh yeah, if I find a weapon the correct response is to notify the STSO and let them move forward, so yes the response is exactly the same [as it would be if I found illegal drugs], but the situations are not.

Okay, so you do treat illegal drugs the same as weapons when searching people and their belongings. Again, call it a search for potatoes if you want, but it's clear that you're searching for weapons, explosives, incendiaries, drugs, and likely a few other things. There is a nearly-nearly infinite number of things you are not searching for, but according to you, Ron, and the TSA operational directive I quoted above, drugs are not on that list. They're on the same list as the dangerous items.

You treat things that appear to be illegal drugs the same as things that look like weapons when searching people and their belongings, don't you? You alert a supervisor in each case, don't you?

Are drugs on the list of things you ignore when searching someone's things, or are they on the list of things that results in action being taken?



Originally Posted by pmocek
If you 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, you'd probably ignore it and move on, right? It would look like an indication of transporting stolen goods, but it's not on the list of things you're told to look out for, right? You could do the same thing when you see something that looks to you like illegal drugs, but you do not, because those are on the list of things you're told to look out for, right?

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?



Originally Posted by pmocek
Even the TSA staff who perform the searches admit that they'll stop and take further action when they see, for instance, something that looks like it might be drugs that are illegal for some people to possess in some places, while they're searching our belongings. 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".

You disagree with any of that?



Originally Posted by pmocek
We could surely find even more evidence of such wrongdoing 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.

Right?


Originally Posted by pmocek
However, our courts have ruled that such fishing expeditions are unconstitutional. In this nation, we aren't supposed to stop all the good people just to look for the few bad people.

Right?

pmocek Jan 7, 2010 3:31 pm


Originally Posted by greentips (Post 13134771)
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.

Prohibition and the black market that it creates do those things. Marijuana has never killed anyone. People kill themselves with alcohol and other dangerous drugs, but people are no longer shooting each other over alcohol sales territory since we made it legal, destroying the black market, and people aren't dieing from poorly-made bathtub gin since we made it legal and began regulating it.

I agree strongly with your statements about scope of searches and thank you for taking the time to add to the discussion.

gsoltso Jan 7, 2010 3:37 pm


Originally Posted by Boggie Dog (Post 13133849)
What specific training does TSA provide its employees so they can make a reasonable determination that a substance is an illegal drug?

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.:(

gsoltso Jan 7, 2010 3:38 pm


Originally Posted by bocastephen (Post 13133871)
Which should be sufficient grounds to block any such evidence from ever seeing the inside of a courtroom.

Any determination as to what the substance actually is, comes at the hands of the local LEO.

pmocek Jan 7, 2010 3:49 pm


Originally Posted by gsoltso (Post 13135229)
Any determination as to what the substance actually is, comes at the hands of the local LEO.

Sure, but you and your associates make the initial determination that it is worthy of referral to a law enforcement officer. You look into a bag, either with X-ray or with your naked eyes, and you look at the things in that bag. You decide which things are worthy of further examination and which can be ignored. You never know from sight if something is a toy or a real gun, a bag of cocaine or a bag of sugar.

As Ron told us, whether you see something that looks like a weapon, an explosive, an incendiary, or an illegal drug, you contact a supervisor. No law enforcement determination of what a substance is happens unless you initiate the process. Right?

avsfan733 Jan 7, 2010 3:50 pm

Its just amazing to me the ability of the TSA to take information its giving and so widely swing and miss...

The TSO's are doing it in this thread with the damn drug issue....:mad:

gsoltso Jan 7, 2010 3:50 pm


Originally Posted by jkhuggins (Post 13134093)
But clearly TSOs aren't report everything that they discover that might be illegal. I've made this argument before. If my carry-on bag contains a large collection of really poorly, amateurly labeled DVDs, and you've decided to search it for other (legitimate) reasons and find my DVDs, I've given you some evidence that I may be breaking copyright law. But I'd be terribly surprised if you used that as a basis to call over a STSO/LEO. On the other hand, if instead of my pile of DVDs you find a large bag of white powder, you're almost certainly going to call an STSO/LEO.

The point is this: as I understand it, TSOs have been directed to report certain types of suspected illegal activity to an STSO/LEO for further action, but not others. This leaves TSA (the agency) open to charges that it is, at some level, actually looking for particular forms of illegal activity outside the scope of a search for WEI.

That is a good point, however we do not have the direction, nor a ready way to have the LEO verify the items like we do with certain other illegal items. We do not have a lab with DVD players to ascertain whether the information actually contained on the DVDs is copyrighted material, we also do not have the immediate ability to verify whether the person ahs the express written permission of the studio to reproduce the items (heck I would type one up on the "studio" letterhead and stick it with them just to confuse someone). I understand the point you are making and it is a valid point, the problem is we do not have the equipment nor the localized resources to readily investigate that type of possible illegality. 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). There could be counterfeit colognes, tools, shoes, and any myriad other items that are actually illegal, that we would never notice. None of those items are easily resolved at a checkpoint (whereas the items listed for referral are). The kiddie porn thing is fairly obvious, most TSOs are not going to report images of persons with a mature appearance, only those that are pretty young. Drugs (which seems to be a focus of many people here) are fairly easy to remedy in about 5 minutes (as most LEOs have training specified to identify illicit drugs and such, and many of them have testing kits readily available). We also do not have cooperative requests or agreements with the entertainment industry like we do with DEA, local LEOs and other agencies under the federal umbrella.

Boggie Dog Jan 7, 2010 3:53 pm


Originally Posted by gsoltso (Post 13135217)
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?

bocastephen Jan 7, 2010 4:18 pm


Originally Posted by gsoltso (Post 13135229)
Any determination as to what the substance actually is, comes at the hands of the local LEO.

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.

greentips Jan 7, 2010 5:17 pm


Originally Posted by pmocek (Post 13135177)
Prohibition and the black market that it creates do those things. Marijuana has never killed anyone. People kill themselves with alcohol and other dangerous drugs, but people are no longer shooting each other over alcohol sales territory since we made it legal, destroying the black market, and people aren't dieing from poorly-made bathtub gin since we made it legal and began regulating it.

I agree strongly with your statements about scope of searches and thank you for taking the time to add to the discussion.

Thanks. I do agree with your premise concerning the black market and the dangers thereof. We will likely disagree on the above, but this is neither the time nor the place to discuss the virtues of the pros/cons of legalization as we clearly have more important fish to fry. We could meet to discuss the above on OMNI/PR but I think this thread should continue to serve its present purpose: limits on DHS/TSA's evermore aggressive expansion, preferably before they start tattooing numbers on our wrists.

greentips Jan 7, 2010 5:18 pm


Originally Posted by bocastephen (Post 13135494)
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.

jkhuggins Jan 7, 2010 5:30 pm


Originally Posted by gsoltso (Post 13135308)
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.

gsoltso Jan 7, 2010 5:39 pm


Originally Posted by pmocek (Post 13135112)
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.

gsoltso Jan 7, 2010 5:42 pm


Originally Posted by greentips (Post 13134771)
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

gsoltso Jan 7, 2010 5:46 pm


Originally Posted by Boggie Dog (Post 13135316)
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. :D

gsoltso Jan 7, 2010 5:48 pm


Originally Posted by bocastephen (Post 13135494)
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.

Boggie Dog Jan 7, 2010 6:03 pm


Originally Posted by gsoltso (Post 13135958)
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. :D

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.

pmocek Jan 7, 2010 6:18 pm

unanswered questions for GSO LTSO West and TSO Ron
 

Originally Posted by gsoltso (Post 13135920)
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.

doober Jan 7, 2010 6:37 pm


Originally Posted by Boggie Dog (Post 13135316)


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. :D

doober Jan 7, 2010 6:37 pm


Originally Posted by pmocek (Post 13136077)
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

Boggie Dog Jan 7, 2010 7:06 pm


Originally Posted by doober (Post 13136159)
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. :D

Are you suggesting that adverse action was taken against them for making that statement?

I wouldn't put it pass the Galestapo.

doober Jan 7, 2010 7:11 pm


Originally Posted by Boggie Dog (Post 13136301)
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

;)

ND Sol Jan 7, 2010 8:58 pm


Originally Posted by gsoltso (Post 13135958)
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. :D

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.

pmocek Jan 8, 2010 1:35 am

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 (Post 13107436)

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 (Post 13079093)

Originally Posted by N965VJ (Post 13078163)
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 (Post 13080643)

Originally Posted by TSORon (Post 13079093)
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 (Post 13081366)

Originally Posted by pmocek (Post 13080643)
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 (Post 13090921)

Originally Posted by pmocek (Post 13082912)

Originally Posted by TSORon (Post 13081366)
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.

gsoltso Jan 8, 2010 9:11 am


Originally Posted by pmocek (Post 13136077)
...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.

gsoltso Jan 8, 2010 9:16 am


Originally Posted by ND Sol (Post 13136821)
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.

Please read the quoted passage.:D

TSORon Jan 10, 2010 12:48 pm


Originally Posted by pmocek (Post 13136077)
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.

Took a few days off Phil. Tis the season ya know. I'll get back to it pretty soon, tomorrow maybe.

GUWonder Jan 10, 2010 1:43 pm


Originally Posted by TSORon (Post 13152704)
Took a few days off Phil. Tis the season ya know. I'll get back to it pretty soon, tomorrow maybe.

The TSA's propaganda efforts are slacking and the failure of the TSA propaganda efforts is starting to show as more and more influential opinion-makers are starting to come to the realization that the TSA is putting on a big dog and pony show that is a waste.

The pendulum is starting to swing against the TSA more than ever before. As soon as the strip search machines start resulting in innocent people having their underwear checked for tampons, diapers, sanitary napkins, (and the seizures of those used items happen), the TSA is going to be wishing again for another major terrorist attack -- failed or otherwise -- to give it some propaganda cover to cover up those upcoming news stories about actual dress-downs at airports as a result of the use of the strip search machines.

greentips Jan 10, 2010 2:54 pm


Originally Posted by gsoltso (Post 13135934)
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

Yes, I did find this interesting. After sifting through the variety of viewpoints, the gist of it seems to hang on the 9th Amendment Protections. In my reading, this amendment (enumeration of rights) is a serious restriction on the ability of the government to do something to us without our permission. IE government has zero authority, save that we give it, through Congress, the village council or the school board.

I agree with you that the 4th Amendment does permit a passenger attempting to board an airliner (public conveyance or private conveyance held out to the public) at a public airport (or a private airport acting as a public accommodation) to be searched in a very limited manner for a very limited and clearly identified purpose: WEI/aviation hazards.

Many have suggested if I don't like dealing with the TSA/DHS airport screenings, then don't fly. Walk or take the bus. I have my own ways of doing this, all sometimes more inconvenient and sometimes more expensive, but I agree there are alternatives.

So, now my question becomes, if I am denied access to a public conveyance in the furtherance of my personal business interests by being on a no-fly list, TIDE list, or some other list that a government official got a hair in his nose about (perhaps writing on flyertalk?), then how is this reconciled with the 14th Amendment? This amendment gives equal protection of the laws to all comers. The 14th Amendment does not permit the abridgment of privileges or immunities of citizens of the United States by the state. Nor does it allow the deprivation of life, liberty or property without due process of law.

If I am denied my property right of travel by aircraft to my destination timely, (property right by virtue of purchasing a contract for carriage), and the government cannot show that it acted with due diligence and with full regard for the law, when it refused passage, without due process of law, and forced me to take a bus, then it must be prepared to show me why it should not be held accountable for my losses.

TSORon Jan 11, 2010 6:14 am


Originally Posted by jkhuggins (Post 13117515)
That isn't quite what I was trying to ask; the identity of the owner of the bag isn't where I'm heading with this. Let me rephrase.

Suppose you're on the X-ray and you see what appears to be a stash of drugs in a bag. As I understand your procedures, you're not allowed to call for a bag check just because you suspect there are drugs in the bag. How hard would it be for you to find another, defensible reason to call for a bag check on that bag? Something along the lines of "gee, that looks like a screwdriver that's under seven inches, but maybe we should pull the bag anyways to check how long it really is" ... and now you've created an excuse to find the drugs.

Basically, I'm wondering if an overzealous TSA could find a way to conduct primary searches for things outside of TSA's official scope, yet justify them on the basis of permitted actions.

“you see what appears to be a stash of drugs in a bag”. Sorry, I guess there is a point of reference issue here. It is not possible to “see” a stash of drugs on the XRay. I can see pills because I have seen enough of them to recognize what the colors and shapes on the screen represent. I can see organics, and based upon the shape or density I can determine what that organic is most likely to be. I cannot tell the difference between pot and many other organic substances. Its just not possible. I know that certain suspect substances have a particular type of image on the screen, and while shape and density can give me clues as to what it might be I cannot tell for certain what that object is.

Example: A hair drier (standard pistol format) does not look like a hair drier on the XRay screen. But given the position of the components, the density of the parts, and the other things that actually make up a hair drier, I can usually tell what that object is. If someone brings a hair drier shaped like a telephone then I will not be able to determine what that object is and will most likely pull the bad for a check.

Could an overzealous TSO find a way to conduct a search on each and every bag that comes through his / her Xray? Sure we can. Why? The average XRay Operator see’s about 200 bags in their current rotation to the XRay, and there is absolutely no way we are going to call a bag check on every single bag unless directed to do so by higher authority. We would need to double man the entire checkpoint just to conduct the bag searches.

TSORon Jan 11, 2010 6:24 am


Originally Posted by windwalker (Post 13117860)
Reaallllly now, define kiddie porn and further what makes that ANY of the TSA's business?

If you cant figure that out for yourself, then there is nothing I can do to assist you in this forum.


Originally Posted by windwalker (Post 13117860)
It is NONE(and what part of NONE is not understood?) of the TSA's business how much cash we may choose to carry. And once again outside the defined scope of ya'lls responsibilities.

repeat after us-weapons and\or explosives ONLY

It IS the business of the federal government where ITS currency goes, specially if it is outside of the country. Now, guess who I work for?

I’m not going to go looking for your cash stash. Nope, just not going to do it. I have no interest in that. But if you happen to have a large brick of $100 bills in the carry on that I am searching, I am going to report it to a supervisor. Its just that simple. Like it or not, there are laws about transporting cash outside of the country. The TSA happens to be in a good position to detect large amounts of cash in bags going outside of the country, but it is not our concern if it is declared or not! Nor do we have the ability to determine if it has been declared or not, which is why we refer it to someone who can. If it is, then there is no problem and off you go to wherever you plan. If its not, well then you have a problem, but in either case its not my problem.

TSORon Jan 11, 2010 6:38 am


Originally Posted by pmocek (Post 13117873)
Ron, could you please define "go looking for"? It seems to me that it means very little, since you're clearly on the lookout for other things as well.

I could, if we had a common frame of reference. Let me see if I can clarify that a bit. Have you ever searched the house for your misplaced keys, and find a sock that you didn’t know was missing?


Originally Posted by pmocek (Post 13117873)
Can you find weapons, explosives, or incendiaries without going looking for them? It seems that based on what you've explained to us, we'd be just as safe from WEI on airplanes if you "went looking for" tennis balls, then contacted a supervisor if you found weapons, explosives, or incendiaries. Regardless of what you go looking for, you're going to ignore everything you find except things that look like weapons, explosives, incendiaries, drugs, large quantities of cash, and a few other things, aren't you?

Tennis balls present no normal threat to air travel. They can be manipulated to do so, but it would be unusual enough and obvious enough to cause concern at the checkpoint.

You have spun the situation around a bit. We look for WEI, and if while we search for these things we find something that SOP requires action, we will take that action. Simple enough?


Originally Posted by pmocek (Post 13117873)
Seriously: Please explain how your actions would be different if you went looking for tennis balls, but still contacted a supervisor when you found things that looked like weapons, explosives, incendiaries, drugs, pictures of naked 17.5-year-olds, stolen credit cards, fraudulent passports, or evidence of immigrations violations. Wouldn't your actions be exactly the same? If so, of what significance is the fact that you went looking for tennis balls, went looking for WEI, or went looking for nothing? In any case, you're going to take action when you see something that looks like any one of several things. I'd consider this a search for those things. You're welcome to call it a search for tennis balls.

You may consider it so, but the laws of our nation do not agree with you. The TSO’s are empowered to search for specific things, WEI’s specifically. That means that we actively look for those items. I will open a bag with one of those items specifically in mind to find. If while I am searching for that mystic WEI I find your plastic baggie full of leafy green stuff, I am going to refer it to my supervisor for action. I am also going to find that other suspect item I went searching for in the first place.

TSORon Jan 11, 2010 6:46 am


Originally Posted by pmocek (Post 13118023)
Hey, I agree with you, there. It's highly unlikely that you can tell the difference between a bag of cocaine and a bag of flour or powdered sugar. There's no way you could tell by sight whether someone is legally authorized to have the marijuana in his possession or not. And could you possibly know whether some pills in a bottle are melatonin or MDMA? Not likely.

Quite easy Phil. Where I live, citizens cannot possess either marijuana or cocaine legally. Makes the call for a LEO easy as pie. And there are still questions about the legality of the California laws concerning the medical use of marijuana. Good thing I don’t live there anymore.


Originally Posted by pmocek (Post 13118023)
Sort of. It's only his or her call after you refer something, right? It's always you bag checkers who decide what to ignore and what to report, right? And you very specifically ignore things that seem like they might be indication of some crimes, but report things that seem like they might be indication of other crimes, right?

SOP give us a list of things we must report. Since we are not law enforcement officers it is not our place to make determinations of the legality of items other than WEI. Even those items we do not make determinations of legality about, we can only disallow them. If we have concerns, we refer those to a law enforcement officer.

ND Sol Jan 11, 2010 6:50 am


Originally Posted by TSORon (Post 13157190)
If you cant figure that out for yourself, then there is nothing I can do to assist you in this forum.



It IS the business of the federal government where ITS currency goes, specially if it is outside of the country. Now, guess who I work for?

I’m not going to go looking for your cash stash. Nope, just not going to do it. I have no interest in that. But if you happen to have a large brick of $100 bills in the carry on that I am searching, I am going to report it to a supervisor. Its just that simple. Like it or not, there are laws about transporting cash outside of the country. The TSA happens to be in a good position to detect large amounts of cash in bags going outside of the country, but it is not our concern if it is declared or not! Nor do we have the ability to determine if it has been declared or not, which is why we refer it to someone who can. If it is, then there is no problem and off you go to wherever you plan. If its not, well then you have a problem, but in either case its not my problem.

Defendant's Exhibit A. Proof that the boundaries of the TSA administrative search are being overstepped with these kind of statements.

jkhuggins Jan 11, 2010 6:53 am


Originally Posted by TSORon (Post 13157150)
Could an overzealous TSO find a way to conduct a search on each and every bag that comes through his / her Xray? Sure we can.

Ok. Here lies the problem, then.

Suppose, hypothetically, that a rogue TSO decides to go on a personal crusade against drugs, and decides to conduct primary searches for drugs, even though it's against TSA policy to do so. From what you've said, it's absolutely possible for that TSO to get away with that violation of policy, because he can always cleverly cloak his actions within the discretion given TSOs. If he sees a bag that he suspects contains drugs (for whatever reason), he can always find a legitimate excuse to call for a bag check, which would result in finding the drugs. Voila; TSA's nuanced policy on "don't look for drugs, but report them if you find them" can be effectively neutralized.


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