FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   New 9th Circuit Decision on Screening (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1244194-new-9th-circuit-decision-screening.html)

SFOSpiff Aug 4, 2011 8:27 pm


Originally Posted by ESpen36 (Post 16862190)
However, it is mighty suspicious to be carrying large sums (say over $10,000) of cash through an airport.

Why is the highlighted part (my emphasis) relevant? Isn't it likely that people who have a legitimate need to transport large amounts of cash might make the same time vs. cost decision to fly that a criminal would?

Whether carrying cash is automatically suspicious or not, being in an airport, bus station, or in a car should have no bearing.

InkUnderNails Aug 4, 2011 8:37 pm


Originally Posted by ESpen36 (Post 16862190)
You are correct. Currently, there are no laws regulating the transportation of any amount of any currency within USA borders. However, it is mighty suspicious to be carrying large sums (say over $10,000) of cash through an airport. These days, people use plastic for almost everything. For large deposits like on vehicles and homes, most people use cashier's checks. Why would somebody need to carry that much cash in bank notes? It is very suspicious.

There are two very legitimate and non-suspicious reasons that I have had a need to carry large amounts of cash from time to time.

Neither of which are anybody's business, except mine.

No, people do not use plastic for everything. I have no debt. My travel cards are paid monthly.

No, a cashiers check will not always work.

If I told you what they were you would likely agree that it is not at all suspicious. You assume a lot by your blanket accusation.

SATTSO Aug 4, 2011 8:43 pm


Originally Posted by RichardKenner (Post 16861311)
I disagree that the threshold for further search and for calling the bomb squad are the same. As another post pointed out, explosives alone aren't that dangerous. If you have a significant suspicion that a bag contains a full bomb, then calling the bomb squad is indeed the right approach, but a mild suspicion that it might contain bomb parts is cause for further investigation but not calling the bomb squad.

I very much disagree. Besides BAOs, no TSA employee is certified to evaluate non-volatile explosives from volatile ones. However, if the potential explosive or IED component is detected while the bag is in the x-ray, well, what you are looking at is a computer generated image, not "live" parts. It then becomes very difficult to say with certainty what exactly you are looking at. Precautions have to be taken. To do otherwise could potentially get people killed from stupidity.

No, if an x-ray operator suspects that there may be explosives or other IED components in a bag, and the BAO confirms that, even if not assembled or even if only one part of the IED is visible, prudence would tell you to call the bomb squad, as they are equipped to handle such situations.

And I want to point out something very important here which seems to be a very hard concept for those who have not worked x-ray to understand (based on my understanding of reading hundreds of post here on FT - so no insult meant): x-ray machines have limits. Do NOT assume a bag is put into the x-ray reveals everything in the bag. It very well may not. As I have tried to explain multiple times before using x-ray to screen bags is not the most thorough method; it potentially allows things to go through. And one thing you ALWAYS have to ask yourself when you decide to clear or threat a bag or call a supervisor to contact the BAO is, "what am I, what are we, NOT seeing on this screen?"

As example, under training from the BAOs, they have show me and other TSA employees complete IEDs (simulations) in bags where you only see 1 part of the IED. Its all there, but only 1 part can be seen.

So I believe calling the bomb squad is the correct thing to do when there is suspected IED parts in a bag (note: there is a process that has to be followed before the bomb squad is called, which of course I will not go into, and which so far I have seen no one has picked up on. Sorry.).

Pesky Monkey Aug 4, 2011 9:19 pm


Originally Posted by SATTSO (Post 16861674)
Over the last 2 years, I have been told by more than a few FT members that as a triggering device and a power source wasn't an "explosive", it shouldn't concern TSA, that we should stick to looking for explosives. In fact, such comments have often ridiculed TSA policy for looking for potential power sources and triggering devices. And lets not ignore the possibility that those items can be carried independently in different bags by different people and assembled on the sterile side.

A detonator is an explosive device. Looking for a "potential power source" itself is useless.

Pesky Monkey Aug 4, 2011 9:24 pm


Originally Posted by ESpen36 (Post 16862190)
In fact, Dr. Zuo's study found that 100% percent of the sampled bills from the following cities contained cocaine traces: Detroit; Boston; Orlando; Miami; Los Angeles.

Wow!! 100%!

So logically, 100% of people carrying any cash (in the above cites) must have been handling cocaine. :rolleyes:
Is there any point here?

RichardKenner Aug 4, 2011 9:39 pm


Originally Posted by SATTSO (Post 16862375)
So I believe calling the bomb squad is the correct thing to do when there is suspected IED parts in a bag (note: there is a process that has to be followed before the bomb squad is called, which of course I will not go into, and which so far I have seen no one has picked up on. Sorry.).

I think you're missing my point: from some perspective, every bag is suspected to have an IED in it until proven otherwise. I would assume (please correct me if I'm wrong) that there's some intermediate level of suspicion of there being an IED part which is high enough to perform a bag check, but not high enough to call the bomb squad. That's the situation being discussed in this case, as I understand it. And the TSO in question went too far.

bocastephen Aug 4, 2011 9:49 pm


Originally Posted by SATTSO (Post 16861701)
As noted in the court decision, Hilo used the CTX 5500, which I have had years of experience working on while at SAT. Have you ever seen stacks, even small stacks, of photographs displayed on the CTX 5500? Not to be rude, but from your comment, I doubt it. Dark masses is exactly how such pictures - thicker and heavier than paper - would appear on the CTX 5500. In fact, get a large enough stack of such photos and it throws off the entire scan, meaning a hand search of the bag, as the density of the pictures will cause the scan to fail.

I will add that what should be common sense is when you have an "alarm" on a CTX you look at the image of where the items are BEFORE you begin the search. It will tell you if the item is near the top of the bag, at the bottom, or by the wheels, or the pull handle, etc.

So we can know that the screener knew the general location of the items she needed to check. She knew the "black mass" was near the opening. I would suggest the black mass was near the opening, and when she saw the pictures, knowing how they look on the CTX screen, it actually makes sense to someone that she could accurately guess those were the items that caused the alarm. Similar situations have happened to me. They have happened to anyone who has worked on CTX, or L3s, given enough time.

But I do understand that this would not make sense to someone who has no experience with this topic.

As pointed out in the case notes and my post, some of the photos spilled out of the bag and onto the table - that was the trigger for her additional interest. It's very convenient to claim there was a black mass on the screen that needed to be resolved (I'm not sure the actual image from the machine was introduced into evidence to back up that claim), but it's clear from the screener's behavior the additional searching was not triggered by the CTX image, but by the accidental discovery of some of the photos.

bocastephen Aug 4, 2011 9:55 pm


Originally Posted by ESpen36 (Post 16862190)
Yes, they are, most likely because large sums of cash in carry-on bags could be the proceeds of criminal activity.

So what? Unless there is clear evidence the cash was the proceed of criminal activity, there is absolutely no reason to get worked up over it - and even if it was proceeds, the airport is not the place to determine this.

My civil liberties are too important to give up in order to add checkpoints all over the country where anything from illegal immigrants, kiddie porn purveyors, warrant jumpers, deadbeat dads or other miscreants can be scooped up at will.

Let the police do their own investigations on their time, on their own turf, and leave the public out of it.


Currently, there are no laws regulating the transportation of any amount of any currency within USA borders. However, it is mighty suspicious to be carrying large sums (say over $10,000) of cash through an airport.
It's not suspicious at all - people regularly carry sums like this to/from Las Vegas - and who cares if it's suspicious? Airports are not criminal dragnets. Our civil liberties supersede, by a longshot, any possible benefit of using airports, bus stations, roadside checkpoints or other un-Constitutional practices to scoop up criminals that cops and DAs are too lazy or incompetent to investigate properly.

nachtnebel Aug 4, 2011 11:05 pm


Originally Posted by ESpen36 (Post 16862190)

Yes, they are, most likely because large sums of cash in carry-on bags could be the proceeds of criminal activity.

A. It is not illegal.
B. It is not illegal.
C. It is not illegal.

It follows that it is nobody's business and anyone encountering it during screening a US citizen at a US airport should just STFU about about it and go about their duties.


Currently, there are no laws regulating the transportation of any amount of any currency within USA borders.
What, pray tell, would be the constitutional basis of such a law that *did* limit how much of his own property the citizen could carry on him going about his own business? I suppose you could defend such a law by calling it fraud due to the discrepancy between the claimed value of this currency and its actual inherent value.

LuvAirFrance Aug 4, 2011 11:47 pm


Originally Posted by PTravel (Post 16859667)
It appears to be. The decision draws a distinction between "programmatic" intent and screener's intent. It seems to suggest that, as long as the intent of the program falls within the constitutionally valid ambit of an administrative search, e.g. preventing WEI, the screener's intent in going further is irrelevant. However, the decision then goes on to examine the screener's intent in the specific instance. The net result would appear to be some very disturbing dicta, along with the 9th Circuit finding what is, for all intents an purposes, an abuse of judicial discretion on the part of the lower court judge for finding the screener not credible.

However, this decision still is confined to the question of finding contraband during the course of an administrative search and the contraband in question here was child pornography. There has always been a judicial gloss involving subjective morality applied to a variety of decisions and this case is probably an example of it. I'm not too concerned. I far more interested in the cases that challenge the AIT and the grope.

I read it to say that rummaging through people's stuff and then calling law enforcement is one more waste of time. Because the defendant can suppress the evidence at trial. And it is a sign to me that TSA doesn't mind wasting our money that they don't FORBID these fishing expeditions which only insure that they have to pay more staff to handle a given passenger volume. One more thing to *beep* the weary taxpayer off.


] In other words, an airport search remains a valid
administrative search only so long as the scope of the administrative search exception is not exceeded; “once a search is
conducted for a criminal investigatory purpose, it can no longer be justified under an administrative search rationale.”
United States v. $124,570 U.S. Currency, 873 F.2d 1240,
1246 n.5 (9th Cir. 1989). Thus, because TSA screeners are
limited to the single administrative goal of searching for possible safety threats related to explosives, the constitutional
bounds of an airport administrative search require that the
individual screener’s actions be no more intrusive than necessary to determine the existence or absence of explosives that
could result in harm to the passengers and aircraft. See id. at

GUWonder Aug 5, 2011 3:34 am


Originally Posted by SATTSO (Post 16862375)
And I want to point out something very important here which seems to be a very hard concept for those who have not worked x-ray to understand (based on my understanding of reading hundreds of post here on FT - so no insult meant): x-ray machines have limits.

Contrary to your implication, it's an item that FTers most active in this forum have no difficulty understanding. I've mentioned it on FT repeatedly without any sign that gives proof to your claim that it is a hard concept to understand for those who don't work x-ray scanners at airports.

.... to resolve opaqueness issues related to concerns about explosives does not require the TSA to examine paper for images or other content. It's a pretty easy thing to understand too.

SATTSO Aug 5, 2011 5:16 am


Originally Posted by Pesky Monkey (Post 16862539)
A detonator is an explosive device. Looking for a "potential power source" itself is useless.

First, I know exactly what a detonator is. But lets ignore the fact that in some threads, I have been told unless a detonator is with an assembled IED, it isn't a threat. ;)

Second, I was talking about triggering devices, think a switch, and power sources, as that what was mentioned in the post I commented on.

The fact that you mentioned detonators when I only mentioned triggering devices and power sources leads me to believe you do not knwo what your talking about. So here is a link, and I quote some examples of trigger devices below

http://www.williambowles.info/articles/app_e.pdf (PDF file)

"Manual wind-up alarm clocks and wristwatches

Pressure release switch that is spring-loaded. These can be as simple as a mousetrap or a commercially produced switch.

Pull switches that actuate when a trip wire is pulled. There are many different forms of these triggers. They can be made easily by stripping the insulation off of wire and looping them together or by inserting a piece of wood between the contact wires on a clothespin.


Pressure switches that actuate when weight is applied.

Barometric Sensor

LED digital wristwatch

Hand-held radar guns"


Note, these are only some of the examples I quotedm, and there are many more that this articles does not cite, And as you can see, triggering devices are NOT detonators.

SATTSO Aug 5, 2011 5:21 am


Originally Posted by RichardKenner (Post 16862628)
I think you're missing my point: from some perspective, every bag is suspected to have an IED in it until proven otherwise. I would assume (please correct me if I'm wrong) that there's some intermediate level of suspicion of there being an IED part which is high enough to perform a bag check, but not high enough to call the bomb squad. That's the situation being discussed in this case, as I understand it. And the TSO in question went too far.

You are entirely incorrect to beleive that "from some perspective, every bag is suspected to have an IED in it until proven otherwise". No insult meant, but I would never check a bag I believed had part of an IED in it. I may be a TSA employee, but I'm not that stupid ;) (despite what some here believe!).

If the bag is believed to have an IED or one of its components in it, then a process starts, and at each level of that process if the result is positive, lets say, there will NOT be a bag check. At the end of the process, after multipe "positive" conditions are met, a bomb disposial unit is called.

However, many - most, or almost all - bag checks are NOT believed to have an IED or IED component in it.

SATTSO Aug 5, 2011 5:24 am


Originally Posted by GUWonder (Post 16863649)
Contrary to your implication, it's an item that FTers most active in this forum have no difficulty understanding. I've mentioned it on FT repeatedly without any sign that gives proof to your claim that it is a hard concept to understand for those who don't work x-ray scanners at airports.

.... to resolve opaqueness issues related to concerns about explosives does not require the TSA to examine paper for images or other content. It's a pretty easy thing to understand too.

I did not say that to resolve the alarm that it required anyone to examine pictures, or read pages. All I said it I do not think the screener was lying when she claimed that she believed the pictures that fell out were the "black mass". That is very reasonable.


And if what you say is true that most of the frequent FT members understand that the x-ray has limits, that does not explain the critism those members have when something gets by x-ray. I certainly understand criticism if the TSO who operates the x-ray is not paying attention, sleeping, or whatever. But I have yet to see ONE post by anyone here other than a TSA employee who basically says "these things will happen". If I have missed such post, I apologize. ^

SATTSO Aug 5, 2011 5:25 am


Originally Posted by bocastephen (Post 16862666)
As pointed out in the case notes and my post, some of the photos spilled out of the bag and onto the table - that was the trigger for her additional interest. It's very convenient to claim there was a black mass on the screen that needed to be resolved (I'm not sure the actual image from the machine was introduced into evidence to back up that claim), but it's clear from the screener's behavior the additional searching was not triggered by the CTX image, but by the accidental discovery of some of the photos.

No, I don't think its clear. As I read the courts decision, there were 2 areas that need be resolved.


All times are GMT -6. The time now is 1:54 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.