Personally, I prefer the term "prohibited items" to contraband. Contraband can include those items which are illegal but are not covered by TSA's mandate, such as drugs and stolen property. If TSA happens to accidentally discover such things during the course of their searches for WEI, then certainly, they should report such discoveries to LEOs, but those discoveries should not be touted as wins or accomplishments by TSA, since that's not what they're supposed to be looking for.

The real question is, how many times has TSA discovered the stuff they're actually supposed to be looking for during gate screenings? And additionally, when they do discover prohibited items during a gate screening, how do they explain how those items were smuggled through the primary screening at the checkpoint?

I know: That's SSI!

Well, they will OBVIOUSLY discover prohibited items at the gate since liquids are readily available inside the so-called "sterile area."

I bet that the reason they do these horific gate rapes (I'm talking about full-body pat-downs) is that they heard someone somewhere criticize their lax secutity on the tarmac and at the employee entrances. To mitigate that threat, they have to harrass and punish the passengers at the gate. (Again, "stinkin' thinkin'" at it's best!)

I previously posted this information: http://www.flyertalk.com/forum/17396467-post483.html


This link might help folks:

http://ecfr.gpoaccess.gov/cgi/t/text...1.3.5.9.2.10.4


Title 49: Transportation

PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES


� 1540.107 Submission to screening and inspection.

(a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.

A strict reading of this CFR means one can be screened/inspected when entering the sterile area or when boarding the aircraft. There is no language stating that one is subject to screening/inspection while in the sterile area.


HOWEVER:

� 1540.105 Security responsibilities of employees and other persons.

(a) No person may:

(2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.

(b) The provisions of paragraph (a) of this section do not apply to conducting inspections or tests to determine compliance with this part or 49 U.S.C. Subtitle VII authorized by:

(1) TSA, or

(2) The airport operator, aircraft operator, or foreign air carrier, when acting in accordance with the procedures described in a security program approved by TSA.


I would read PAX to be "other persons," and "measures, or procedures" to possibly include random searches. That said I am not sure how to interpret 1540.105(b).


From the above TSA can deny entrance to a sterile area or board an aircraft. So gate searches after passing into the sterile area are legit. (Whether they do anything is another discussion).

ScatterX I am trying to understand a couple of points. You said the plane was 10 minutes from leaving but people were being prevented from boarding after their inspection and where held in an inspection pen? Hmm, if they submitted to the search they should be free to board. So IMHO illegal detention.

I think it means that if you're a "Red Team" and you figured out a way to sneak into the sterile area without inspection, you haven't broken the law.

People had cued for a flight, but boarding had not yet commenced. TSA, being the uber-efficient government agency they are, started a little early. They randomly pulled people out of the cue for a pat-down. They WERE NOT searching carry-ons, just doing pat-downs. They had an area set up for this that was right next to the gate.

After each person got their security massage, they had to stay in the little pen. The first folks to get the treatment had to wait about 10 minutes until boarding began. I was close enough to hear two people who wanted to get back in the cue. The TSA clerk refused to let them leave.

The words "you are keeping me from the restroom. Do you want me to pee on the floor right here?" ought to get their attention. It would be absolutely true for someone I travel with, who always makes one last stop before getting on the plane.

They are as illegitimate as the strip searches and privates groping done at the checkpoint. only now, there is no option to evade them. These people are beyond crass.

Now it obvious, people were lining up 10 minutes before boarding started so they were being gate lice. I bet some unhappy GA/PAX did a see something say something and reported the lice. The TSA responded with their lice checking crew. So it would seem to me that for once the TSA is doing something useful and delicing the boarding area. I mean it should be obvious because the TSA was not doing bag checks just pat downs. So obviously they were checking the PAX for lice.


More seriously and as mentioned, sounds like someone got the bright idea to check before boarding so as not to delay pax from getting on the plane once boarding started. Nice try but illegal detention IMHO.

Which is to say they're the law of the land until either Congress or the courts strike them down.

They are bad law and should not be followed nor allowed to proceed with impunity. civil disobedience at the least is called for.

Exactly. The annoying thing is the threat of a terminal dump can actually work - I want to object but forcing a huge amount of people to miss work and seeing loved ones, etc., is not worth it. Kind of like if he said "I will rip up this original Monet if you leave the area." Unfortunately, I might pause.

One day somebody should call the bluff though.

Meeting our schedules is more important than stopping sexual abuse of innocent men, women, and children?

That's a false choice and you know it. If I thought it would actually stop the sexual abuse then I'd consider it, or even if I thought it would get a good amount of publicity and help sway public opinion. Otherwise it is a waste of a huge amount of time and money.

I'm sometimes on my way to do a surgery on a 5AM flight. I would be angry if somebody decides to make a needless terminal dump scene at that very time. I'm sure my patient would be too. Sometimes you have to pick your battles and look at things in context.

So have the boys in blue ever found anything worth while with thier gate-gropes? Howabout the drink inspections?