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Old May 20, 2019, 3:57 pm
  #16  
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Excellent question.

If a TSO is truly law-abiding and clean-living, like my folks, s/he won't have a clue what illicit drugs look like, other than what they might have seen on TV.

Hopefully they are trained that if they see a container of suspicious powder, they are extremely cautious about opening it, because it might be whey protein, it might be ashes, it might be cocaine or it might be fentanyl. I have seen containers of powder opened without caution before TSA added powders to the list of quantity-limited items.

Last edited by chollie; May 20, 2019 at 4:08 pm
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Old May 20, 2019, 4:10 pm
  #17  
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Originally Posted by gsoltso
Ithink you are reading too hard into the article, or perhaps appending your personal view on what is written. Items are not always "accidentally found", most times they are found "incidental to a search for a possible prohibited/dangerous/threat items". The search, is to determine if an item is a threat item, or something that is not a threat - if, during that search,
a TSO finds something that appears to be illegal, they must notify the STSO/LEO by rule/regulation/law.
1. The implication you perceive here, is not the case at all. There are times where illegal items can present a similar appearance to some threat items, but that is incidental.
2. The search is for the same reasons it always has been, to prevent WEI/Dangerous items from getting on to planes, and is part of an overall administrative scheme
The simple fact is, that TSA as an organization, does not teach people to search specifically for illegal drugs.
A different reasoning for the difference in tone, is that possibly someone new is writing the dispatches and has a different style - at least, that is more reasonable than TSA incorporates (as part of it's overall training scheme) a direct statement to the workforce to actively search for illegal drugs. The training, and wording of this has remained almost exactly the same since I came to the organization - they actually tell you (repeatedly and in myriad different training courses) that you are not there to seek illegal drugs or illegal items, you are there to prevent possible threat items from getting on planes. I honestly think you are reading way too much into the way the release is written, because none of the teaching has changed, none of the overall message has changed.
Concerning the two highlighted remmarks:

What rule, regulation, or law requires this reporting?

Does TSA have any classes, lectures, or show and tell for any elicit drugs during TSA training?
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Old May 20, 2019, 5:51 pm
  #18  
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Originally Posted by gsoltso
I think you are reading too hard into the article, or perhaps appending your personal view on what is written. Items are not always "accidentally found", most times they are found "incidental to a search for a possible prohibited/dangerous/threat items". The search, is to determine if an item is a threat item, or something that is not a threat - if, during that search, a TSO finds something that appears to be illegal, they must notify the STSO/LEO by rule/regulation/law.
1. The implication you perceive here, is not the case at all. There are times where illegal items can present a similar appearance to some threat items, but that is incidental.
2. The search is for the same reasons it always has been, to prevent WEI/Dangerous items from getting on to planes, and is part of an overall administrative scheme

The simple fact is, that TSA as an organization, does not teach people to search specifically for illegal drugs. A different reasoning for the difference in tone, is that possibly someone new is writing the dispatches and has a different style - at least, that is more reasonable than TSA incorporates (as part of it's overall training scheme) a direct statement to the workforce to actively search for illegal drugs. The training, and wording of this has remained almost exactly the same since I came to the organization - they actually tell you (repeatedly and in myriad different training courses) that you are not there to seek illegal drugs or illegal items, you are there to prevent possible threat items from getting on planes. I honestly think you are reading way too much into the way the release is written, because none of the teaching has changed, none of the overall message has changed.
With all due respect, I don't believe I am "reading too much into it." "Incidental" to a search is simply splitting hairs. The TSA does not have to justify why they initiated a search of a bag or a grope of a passenger beyond "I saw 'something'". That's a laughably low standard. I would call it no standard at all. I cannot believe that a stash of pot on an x-ray image looks like WEI. Don't bother to talk around a response. I've already asked some former colleagues.

It's not lost on me that the TSA blog or any of the Spokesholes on their Twitter pages no longer report TSA drug busts or apprehension of large amounts of cash.
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Old May 20, 2019, 5:56 pm
  #19  
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What happens in LA? Since the police will not investigate, arrest, or charge for cannabis possession.
TSA letting it be? Or are they calling for Federal agents?
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Old May 20, 2019, 6:23 pm
  #20  
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Originally Posted by rickg523
What happens in LA? Since the police will not investigate, arrest, or charge for cannabis possession.
TSA letting it be? Or are they calling for Federal agents?
As I understand it, the intrepid TSA clerks call in law enforcement to investigate the crime they "accidentally" discovered "incidental to a search."
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Old May 20, 2019, 6:33 pm
  #21  
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Originally Posted by FliesWay2Much
As I understand it, the intrepid TSA clerks call in law enforcement to investigate the crime they "accidentally" discovered "incidental to a search."
Airport Police Division of the LAPD made a public proclamation that they won't be bothered. The reason I was asking about TSA policy is because of what I highlighted in the press release.
As of January 1, 2018, California law allows for individuals 21 years of age or older to possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana for personal consumption. With the change in state law, the policy and procedures of the Los Angeles Airport Police Division (APD) regarding marijuana were updated to reflect this change. APD officers, who are California Peace Officers, have no jurisdiction to arrest individuals if they are complying with state law. However, airport guests should be aware that Transportation Security Administration (TSA) screening stations are under federal jurisdiction. Also, passengers should be aware that marijuana laws vary state by state and they are encouraged to check the laws of the states in which they plan to travel.
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Old May 20, 2019, 7:01 pm
  #22  
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Originally Posted by rickg523
Airport Police Division of the LAPD made a public proclamation that they won't be bothered. The reason I was asking about TSA policy is because of what I highlighted in the press release.
I will go way out on a limb and speculate that there is no love lost towards the TSA and its clerks by any division of the LAPD.
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Old May 20, 2019, 7:11 pm
  #23  
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Originally Posted by Boggie Dog
Concerning the two highlighted remmarks:

What rule, regulation, or law requires this reporting?

Does TSA have any classes, lectures, or show and tell for any elicit drugs during TSA training?
Additionally, I will accept for the purposes of this discussion that the TSA doesn't teach its current and future clerks how to search for and find drugs and large amounts of currency. But, I am still having a hard time finding the specific language in the U.S. Code of Federal Regulations that requires you to report evidence of drug possession or other federal crimes. All I need is chapter & verse and I'll be happy. I really do understand the CFR and all I'm looking for is a citation.
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Old May 20, 2019, 9:05 pm
  #24  
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I don't want to take this into OMNI territory, but perhaps you are approaching this from the wrong angle.

TSA can search for anything and everything it is not expressly forbidden to search for.

That seems a very Francine-like interpretation.
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Old May 21, 2019, 5:41 am
  #25  
 
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Originally Posted by FliesWay2Much
Additionally, I will accept for the purposes of this discussion that the TSA doesn't teach its current and future clerks how to search for and find drugs and large amounts of currency. But, I am still having a hard time finding the specific language in the U.S. Code of Federal Regulations that requires you to report evidence of drug possession or other federal crimes. All I need is chapter & verse and I'll be happy. I really do understand the CFR and all I'm looking for is a citation.
I think it's interesting to note that this question has been asked several times in a variety of places and, AFAIK, has never been answered. Could that be because there is no law saying that TSA has to notify law enforcement if they suspect illegal drugs?
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Old May 21, 2019, 7:01 am
  #26  
 
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Originally Posted by FliesWay2Much
Additionally, I will accept for the purposes of this discussion that the TSA doesn't teach its current and future clerks how to search for and find drugs and large amounts of currency. But, I am still having a hard time finding the specific language in the U.S. Code of Federal Regulations that requires you to report evidence of drug possession or other federal crimes. All I need is chapter & verse and I'll be happy. I really do understand the CFR and all I'm looking for is a citation.
I doubt seriously that there is a requirement in CFR. I know from 42 years in Federal service there were a huge number of various reporting requirements that weren’t codified in law but were covered by such things as SOP and regulations. Came down to a “see something, say something” approach. Covered everything from potential drug and alcohol abuse to moral turpitude. In some cases the requirement to report suspected prohibited behavior, situations, etc., could even lead to repercussions for failure to report. Again, nothing in law that I am aware of.
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Old May 21, 2019, 7:52 am
  #27  
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Originally Posted by FliesWay2Much
Additionally, I will accept for the purposes of this discussion that the TSA doesn't teach its current and future clerks how to search for and find drugs and large amounts of currency. But, I am still having a hard time finding the specific language in the U.S. Code of Federal Regulations that requires you to report evidence of drug possession or other federal crimes. All I need is chapter & verse and I'll be happy. I really do understand the CFR and all I'm looking for is a citation.
Not suggesting that TSA teaches employees how to search for illegal drugs. What I am asking are TSA screeners ever officially shown examples of illegal drugs. If not by what standard are these suspected items identified. I have never seen crack cocaine, powder cocaine, heroin, are many other illegal substances so I could not reasonably suspect something without a base of knowledge. If a screener has the knowledge to identify these kind of items I question where they gained that kind of knowledge. A legitimate way would be as a military police or other prior law enforcement background but barring that should we suspect a screeners background and eligibility to be a government employee?

If TSA Administrative Searches are just a work around of the 4th we have much bigger problems to resolve.
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Old May 21, 2019, 8:45 am
  #28  
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Originally Posted by Boggie Dog
Not suggesting that TSA teaches employees how to search for illegal drugs. What I am asking are TSA screeners ever officially shown examples of illegal drugs. If not by what standard are these suspected items identified. I have never seen crack cocaine, powder cocaine, heroin, are many other illegal substances so I could not reasonably suspect something without a base of knowledge. If a screener has the knowledge to identify these kind of items I question where they gained that kind of knowledge. A legitimate way would be as a military police or other prior law enforcement background but barring that should we suspect a screeners background and eligibility to be a government employee?

If TSA Administrative Searches are just a work around of the 4th we have much bigger problems to resolve.
I think you are overthinking it.
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Old May 21, 2019, 9:23 am
  #29  
 
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Originally Posted by petaluma1
I think it's interesting to note that this question has been asked several times in a variety of places and, AFAIK, has never been answered. Could that be because there is no law saying that TSA has to notify law enforcement if they suspect illegal drugs?
https://www.tsa.gov/blog/2008/03/04/...ems-checkpoint

It's not lost on me that the bottom of the page has a Francine Kerner tag.....

An outdated TSA SOP manual is readily available online. On pages 2-5, 2-6, 2-9 and others it specifies situations when an [sic] LEO is to notified. It is more than reasonable to assume the current version of the SOP manual has similar requirements.
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Old May 21, 2019, 9:43 am
  #30  
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They pretty clearly encourage TSOs to search for drugs - I speak from first hand experience, but there's plenty of other evidence.

What isn't clear is:

1) does TSA reward drug busts in any way and

2) are drugs covered during training in any way and

3) is there an actual regulation, something in the CFR, requiring mandatory reporting.

Health care providers are required by law to report certain things. They are subject to prosecution if they do not report. This is not a matter of training or someone's personal initiative or a site-specific SOP or an internal organization rule: it is the law.
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