Can I leave a checkpoint?
#1
Original Poster
Join Date: Nov 2011
Location: ATL
Programs: DL - DM, Charter KM; Marriott Ambassador
Posts: 1,355
Can I leave a checkpoint?
After opting out, if I "test positive" for explosives, can I choose to leave the checkpoint rather than go to the private grope room?
#2
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Nope. Once you start the process, you finish. Here there is also an additional factor. If you've tested positive for explosives, TSA can certainly detain you for a law enforcement officer and that officer can likely conduct a search or obtain a warrant for a search.
#3
Suspended
Join Date: Dec 2012
Programs: A3, AA. Plasticy things! That give me, y'know, Stuff!
Posts: 6,293
Repeat it again for accuracy: the TSA has exactly zero power of detention. Given that TSA generally fails to test competently I doubt they could even manage probable cause.
#4
Join Date: Nov 2009
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#5
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
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TSA cannot detain anyone. TSA can request that you stay at the checkpoint. TSA can summon law enforcement who can detain you. TSA can try to assess a civil fine of up to $11,000 if you fail to complete the screening process, assuming they can positively identify you.
However, under no circumstances can TSA effect a legal detention of anyone for any reason. A person so "detained" has a wide variety of options available to them, all detrimental to the TSA employee(s) who attempted an illegal detention.
#6
Join Date: Jun 2013
Programs: AA EXP,LFP~3 MM; MarriottRewards, LFP; Avis 1st; Hertz Gold
Posts: 150
Try again.
TSA cannot detain anyone. TSA can request that you stay at the checkpoint. TSA can summon law enforcement who can detain you. TSA can try to assess a civil fine of up to $11,000 if you fail to complete the screening process, assuming they can positively identify you.
However, under no circumstances can TSA effect a legal detention of anyone for any reason. A person so "detained" has a wide variety of options available to them, all detrimental to the TSA employee(s) who attempted an illegal detention.
TSA cannot detain anyone. TSA can request that you stay at the checkpoint. TSA can summon law enforcement who can detain you. TSA can try to assess a civil fine of up to $11,000 if you fail to complete the screening process, assuming they can positively identify you.
However, under no circumstances can TSA effect a legal detention of anyone for any reason. A person so "detained" has a wide variety of options available to them, all detrimental to the TSA employee(s) who attempted an illegal detention.
I am one of those "know the law (advantages and disadvantages)" types and, although I hope I won't need to use it, I am now armed with some great information. Thanks, FT!!!!...
#7
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 57,953
As always, verify my statements with other sources. If necessary, consult legal advice. I'm just someone on an IBB. However, I'm pretty sure I'm correct in this matter.
#8
Join Date: Jan 2013
Location: 대한민국 (South Korea) - ex-PVG (上海)
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How does one "depart" the TSA screening area? There are usually TSA folks (some of them really big guys) everywhere and other passengers behind you. I understand that TSAers cannot detain you, but they sure can block your way out. I suspect that any small force would be met with greater force - and they would win.
Now, why does the OP think he/she has explosive residue in the first place (most likely, in mining, chemical work, military)? Maybe they should take a really long shower or soaking bath before getting to the airport. I can sympathize with the OP since I formerly did munitions and propellant field testing, and often had to run to the airport for a return flight. Post-9/11, I would have been in deep trouble a lot; thank goodness, I changed jobs before 2001. By the way, is it possible that a soldier returning from Afghanistan might have residual explosives on their clothing? How do EOD people travel by air these days?
Now, why does the OP think he/she has explosive residue in the first place (most likely, in mining, chemical work, military)? Maybe they should take a really long shower or soaking bath before getting to the airport. I can sympathize with the OP since I formerly did munitions and propellant field testing, and often had to run to the airport for a return flight. Post-9/11, I would have been in deep trouble a lot; thank goodness, I changed jobs before 2001. By the way, is it possible that a soldier returning from Afghanistan might have residual explosives on their clothing? How do EOD people travel by air these days?
#9
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 57,953
How does one "depart" the TSA screening area? There are usually TSA folks (some of them really big guys) everywhere and other passengers behind you. I understand that TSAers cannot detain you, but they sure can block your way out. I suspect that any small force would be met with greater force - and they would win.
#12
Join Date: Aug 2012
Posts: 3,526
An administrative or special needs search must be conducted in public view. (Davis or Torbert - I forget which case.) A private room is not in public view.
However, from the TSA on withdrawing from an administrative or special needs search:
What is "reasonable?" That has never been defined AFAIK.
http://www.afge.org/?documentID=1867
This from Sommer Gentry on her experience withdrawing from an administrative search:
http://tsanewsblog.com/10455/news/te...to-themselves/
Here's another interesting read about how the courts have scrambled law regarding consent vs. administrative searches:
http://repository.law.umich.edu/cgi/...ntext=articles
More interesting reading:
http://boardingarea.com/flyingwithfi...rth-amendment/
I believe that the TSA doesn't want to let the subject of the extent of its searches get to the Supreme Court and thus have made it extremely difficult to get any matter before any court.
However, from the TSA on withdrawing from an administrative or special needs search:
Once the search has begun, persons may not withdraw from the search and may be detained for a reasonable amount of time for the purpose of completing the search.
http://www.afge.org/?documentID=1867
This from Sommer Gentry on her experience withdrawing from an administrative search:
http://tsanewsblog.com/10455/news/te...to-themselves/
Here's another interesting read about how the courts have scrambled law regarding consent vs. administrative searches:
http://repository.law.umich.edu/cgi/...ntext=articles
More interesting reading:
http://boardingarea.com/flyingwithfi...rth-amendment/
I believe that the TSA doesn't want to let the subject of the extent of its searches get to the Supreme Court and thus have made it extremely difficult to get any matter before any court.
#13
Join Date: Jan 2013
Location: 대한민국 (South Korea) - ex-PVG (上海)
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Posts: 1,995
I've tested positive in the past for no reason at all.
#14
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,580
TSA cannot detain you, but they can certainly get a LEO to detain you. Given that checkpoints have camera surveillance and airport police can usually seal the perimeter of the airport within a minute or so if they need to detain someone inside, I highly doubt that it would be possible to depart the checkpoint and leave the premises of the airport without being caught by law enforcement.
#15
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 57,953
TSA cannot detain you, but they can certainly get a LEO to detain you. Given that checkpoints have camera surveillance and airport police can usually seal the perimeter of the airport within a minute or so if they need to detain someone inside, I highly doubt that it would be possible to depart the checkpoint and leave the premises of the airport without being caught by law enforcement.