TSA Conducts Car Search at SRQ

Old Jan 4, 12, 5:29 pm
  #1  
fwh
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TSA Conducts Car Search at SRQ

http://sarasota.patch.com/articles/t...#video-8830631

http://www.mysuncoast.com/news/local...Wd4scu01w.cspx



If you don't like it, don't drive??
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Old Jan 4, 12, 5:44 pm
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Old Jan 4, 12, 5:55 pm
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What could they do if you refused permission to search the car, and under what grounds?

Is the worst they could do refuse permission to enter the airport, based on a local statute?
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Old Jan 4, 12, 7:15 pm
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Originally Posted by fwh View Post
If you don't like it, don't drive??
Umm.. this was a car at the airport.
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Old Jan 4, 12, 9:53 pm
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So, TSOs on this board, what CFR gives the TSA authority to search outside of the checkpoint and the airport sterile area?

What are the boundaries of "airport property"? In the case of SRQ, is there a specific point on the roadways where the authority in charge of maintaining the road changes as you get closer to the airport?

What happens if one says the magic words, "I do not consent to a warrantless search of my car"? After all, many drivers heading to the airport may not be passengers at all, but are instead picking up travelers.
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Old Jan 4, 12, 10:02 pm
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Originally Posted by saulblum View Post
So, TSOs on this board, what CFR gives the TSA authority to search outside of the checkpoint and the airport sterile area?

What are the boundaries of "airport property"? In the case of SRQ, is there a specific point on the roadways where the authority in charge of maintaining the road changes as you get closer to the airport?

What happens if one says the magic words, "I do not consent to a warrantless search of my car"? After all, many drivers heading to the airport may not be passengers at all, but are instead picking up travelers.
See the TSA's justification on slide 25 in the link I just posted here:
http://www.flyertalk.com/forum/check...e-arrests.html
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Old Jan 4, 12, 10:11 pm
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Originally Posted by RichardKenner View Post
Umm.. this was a car at the airport.
I don't get your point. This was an entry road TO the airport. You think its acceptable for them to shake people down like this? Where is their authority for doing this?
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Old Jan 4, 12, 10:30 pm
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Originally Posted by RichardKenner View Post
Umm.. this was a car at the airport.
So the checkpoint entry point can be/has now been effectively relocated to a point on the road approaching the airport? That would mean that TSA can stop anyone outside the checkpoint (ticket area, for example) and grill or frisk them.

And if this is a joint exercise with local authorities, one still wonders what the source of that authority is. Checkpoints for drunk driving have to adhere to certain guidelines. If it is a CBP-led operation, again, I don't see what role TSA has in being there.

Of course, the 'you have presented yourself for screening, anything goes' line has already been moved to airport parking lots in some cases, so the precedent is there.
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Old Jan 4, 12, 10:38 pm
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Unfortunately (and I sound like a broken record), there is only one way that TSA searches of cars approaching the terminal will be found illegal: A driver refuses to consent to the search, is denied entry to the airport property or is arrested on some bogus charge, and sues DHS.

Until that dedicated and brave driver steps forward, there will be no check on the TSA's creep.
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Old Jan 4, 12, 11:52 pm
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Originally Posted by saulblum View Post
Unfortunately (and I sound like a broken record), there is only one way that TSA searches of cars approaching the terminal will be found illegal: A driver refuses to consent to the search, is denied entry to the airport property or is arrested on some bogus charge, and sues DHS.

Until that dedicated and brave driver steps forward, there will be no check on the TSA's creep.
^ This.

Could they have been doing it in conjunction with (by some tenuous means) the LEOs who ordinarily claim search authority at airports as well?
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Old Jan 5, 12, 12:09 am
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Originally Posted by RichardKenner View Post
Umm.. this was a car at the airport.
If that is your rationale, then would you also say that a TSO, back a couple of years ago, had the authority to order me to stop taking pictures from the top of the garage at PHX T4 citing security concerns?

(He tried and I told him to call a cop or go pound sand. He left and I was there shooting photos for another 45 minutes or so and no cop ever arrived.)
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Old Jan 5, 12, 1:59 am
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BTW. LAX had/(has?) searches on approach to the terminal, but those are performed by LAX police IIRC. How is that justified?
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Old Jan 5, 12, 3:23 am
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Originally Posted by RichardKenner View Post
Umm.. this was a car at the airport.
So what is the legal justification for searching cars at the airport based solely on their presence at the airport?
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Old Jan 5, 12, 5:36 am
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Originally Posted by ElPasoPilot View Post
See the TSA's justification on slide 25 in the link I just posted here:
http://www.flyertalk.com/forum/check...e-arrests.html
Bad link within my previous quote. Fixed.

From our friends at the TSA:

Beyond the Screening Checkpoint: (VIPR)


9/11 Commission Act (Section 1303, codified at 6 U.S.C. § 1112)

Augment security. Visible Intermodal Prevention and Response (VIPR) teams developed to augment security in any mode of transportation.

Deployment. TSA has the authority to determine the timing, location, and duration of a VIPR deployment; operational protocols are to be developed with local law enforcement and transportation entities.

Unpredictability and Randomness. Flexibility in VIPR activities enables the operations to best meet the needs of each airport.

Special Needs Searches. VIPR teams searches are special needs or administrative searches; searches are conducted to ensure traveling public’s safety.

Vehicle searches. Occur at or before entry into the secured area and automobile parking facilities within airport perimeters or adjacent to secured facilities
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Old Jan 5, 12, 6:15 am
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Originally Posted by ElPasoPilot View Post
Bad link within my previous quote. Fixed.

From our friends at the TSA:


Beyond the Screening Checkpoint: (VIPR)


9/11 Commission Act (Section 1303, codified at 6 U.S.C. § 1112)

Augment security. Visible Intermodal Prevention and Response (VIPR) teams developed to augment security in any mode of transportation.

Deployment. TSA has the authority to determine the timing, location, and duration of a VIPR deployment; operational protocols are to be developed with local law enforcement and transportation entities.

Unpredictability and Randomness. Flexibility in VIPR activities enables the operations to best meet the needs of each airport.

Special Needs Searches. VIPR teams searches are special needs or administrative searches; searches are conducted to ensure traveling public’s safety.

Vehicle searches. Occur at or before entry into the secured area and automobile parking facilities within airport perimeters or adjacent to secured facilities
I am beginning to hate "Administrative Searches." Every time they institute a new, probably unconstitutional procedure, the "administrative search" mantra is cited. It is becoming like Ali Baba's "Open Sesame" or a magician's "Abracadabra!" The incantation magically makes the thing we know it to be something else. We can not complain, because the new thing is now protected by the mention of the words. They are magic words. They make whole constitutional amendments disappear. They create government powers never envisioned, just as the sorcerer may now move objects telekinetically or disappear, things that we are certain can not really be done happen as if my magic.

If we protest, the sorcerer from his position of new found power glares down at us and says "I have power over you because of the incantation! Submit."

Where or what is the talisman to protect us from this?
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