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Originally Posted by Always Flyin
(Post 21017224)
It didn't have to be a threat to the safety of an aircraft for the TSA to inspect for it. All it has to be is on the list of prohibited items, which marijuana is.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE. So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE. Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun? Or did they see weed and pull the bag solely to investigate the weed? FWIW, a truly random bag search would be a search of a bag flagged prior to the xray. |
Originally Posted by chollie
(Post 21017267)
Re-read the OP.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE. So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE. Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun? Or did they see weed and pull the bag solely to investigate the weed? FWIW, a truly random bag search would be a search of a bag flagged prior to the xray. Which is why marijuana was added to the list. |
Originally Posted by chollie
(Post 20976185)
So we've come full circle and the question remains: what was in his bag that looked like a potential threat to the safety of the aircraft? That, IMHO, is the only valid reason for opening the bag in the first place.
Originally Posted by NextTrip
(Post 20977909)
Maybe the bag check machine wasn't working and TSA was required to hand check the bag.
Originally Posted by chollie
(Post 21017267)
Re-read the OP.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE. So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE. Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun? Or did they see weed and pull the bag solely to investigate the weed? FWIW, a truly random bag search would be a search of a bag flagged prior to the xray. |
Originally Posted by Always Flyin
(Post 21017343)
They are allowed to search for anything on the list of prohibited items for aircraft.
Which is why marijuana was added to the list. That is not what the OP's cite says. It says what we already knew: they are only 'allowed' (officially) to search for WEI. IF they encounter non-WEI contraband (marijuana, for instance) during their authorized search for WEI, then they have to notify LE. They can have ETD technology and explosive-sniffing dogs because explosives are prohibited. They are not supposed to have drug-sniffing dogs, because marijuana (or large amounts of currency) are not WEI, do not present a hazard to aviation security. |
Originally Posted by Always Flyin
(Post 21017224)
It didn't have to be a threat to the safety of an aircraft for the TSA to inspect for it. All it has to be is on the list of prohibited items, which marijuana is.
Originally Posted by Always Flyin
(Post 21017343)
They are allowed to search for anything on the list of prohibited items for aircraft.
Which is why marijuana was added to the list. United States v McCarty gave TSA a pretty good roadmap of how to conduct themselves so as to make any potential evidence 'discovered' during screening admissible. But if TSA had to defend putting Marijuana on the prohibited item list in proceedings under the APA, it wouldn't be an open and shut case. |
Originally Posted by chollie
(Post 21017414)
Cite?
That is not what the OP's cite says. It says what we already knew: they are only 'allowed' (officially) to search for WEI. IF they encounter non-WEI contraband (marijuana, for instance) during their authorized search for WEI, then they have to notify LE. They can have ETD technology and explosive-sniffing dogs because explosives are prohibited. They are not supposed to have drug-sniffing dogs, because marijuana (or large amounts of currency) are not WEI, do not present a hazard to aviation security.
Originally Posted by Ari
(Post 21017760)
TSA has a statutory mandate which is pretty much WEI only. Some screening of people, too. Adding Marijuana to the list of prohibited items no more expands their statutory mandate beyond WEI than adding pink striped socks to the list of prohibited items. But an agency exceeding its statutory mandate is not necessarily a constitutional violation, and that makes it all the more difficult to detur agencies from exceeding their statutory mandates.
United States v McCarty gave TSA a pretty good roadmap of how to conduct themselves so as to make any potential evidence 'discovered' during screening admissible. But if TSA had to defend putting Marijuana on the prohibited item list in proceedings under the APA, it wouldn't be an open and shut case. All TSA would have to say is that marijuana is an organic substance that can burn, fires are a danger to aircraft, and thus marijuana is dangerous to aircraft. You can complaint about it all you want, but no court in recent history has put the brakes on anything the TSA has done. |
Originally Posted by Boggie Dog
(Post 21016918)
A government that violates the law is no longer legitimate.
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Originally Posted by Always Flyin
(Post 21017968)
Whole body scanners fall outside the court prescribed limits as well (they are not the minimum amount of a search necessary to find prohibited items--nevermind they have been shown to be ineffective anyway). Yet TSA has no problems using them.
Originally Posted by Always Flyin
(Post 21017968)
You can complaint about it all you want, but no court in recent history has put the brakes on anything the TSA has done.
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Originally Posted by Always Flyin
(Post 21017968)
All TSA would have to say is that marijuana is an organic substance that can burn, fires are a danger to aircraft, and thus marijuana is dangerous to aircraft.
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Originally Posted by ND Sol
(Post 21020856)
And so is tobacco, but it is not considered a prohibited item. Neither marijuana nor tobacco is a WEI, so the TSA has no authority to place it on the prohibited list unless it wants to include every combustible on the planet as prohibited (which would include books, newspapers and magazines).
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Originally Posted by Always Flyin
(Post 21021738)
But they did it . . .
I wonder what will happen if the Federal Government formally agrees not to enforce federal law in those jurisdictions in which state law permits possession? For example, what would happen on my flight from DRO-DEN this month currently and if federal law is no longer formally enforced in the future if another passenger is found in possession of marijuana. |
Originally Posted by ND Sol
(Post 21023640)
I wonder what will happen if the Federal Government formally agrees not to enforce federal law in those jurisdictions in which state law permits possession?
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Originally Posted by Always Flyin
(Post 21024160)
That's a pretty big "if". Don't hold your breath.
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What happens at SFO? The City of SF/ SFPD policy is to allow up to 8 oz. for passengers with prescriptions at SFO. If SFPD is called, they simply determine if the passenger has an effective prescription. Does the TSA then confiscate the medicine after the SFPD comes?
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