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The Latest "We Don't Search for Your Pot" Post

The Latest "We Don't Search for Your Pot" Post

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Old May 23, 19, 3:46 am
  #46  
 
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Originally Posted by gsoltso View Post
For TSOs, all of the training tells them so, consistently. Also, I am certain that someone in legal would be able to make some form of a connection (for drugs) to the Controlled Substances Act and the cooperative agreements that come from it. IANAL, but I can see that there is at least one way that it could be presented as a cooperative agreement - which makes it at least a regulation.

*I am not aware of a specific CFR requiring it to be done, and I have no public information to put out other than the posts at the Blog and TSAs main page.

It also makes sense for TSOs that discover something that they think may be illegal drugs, to involve someone that has had more training, and is better equipped to handle items of that nature (the LEOs).

There are some images for fentanyl, and DHS/TSA have even put out some official signage on it. As far as giving TSOs a class to identify specific types of drugs (past those fentanyl references), I am unaware of anything like that. Fentanyl is a big concern at the moment, because we have seen an increase in the use of it in illegal ways, and it is transdermal. If a TSO comes into contact with it and does not have proper PPE on, they can receive a lethal dose just from holding it. So for awareness, fentanyl information has been pushed to the workforce, I have also seen tons of local LEOs having training on the same thing.
Does the training that consistently tells you you're required to summon LEOs when you think you've spotted illegal drugs actually explain WHY, and under what law, the notification is required? Like, at all?

In point of fact, does the training or any of the literature actually say that you're required "by law" or does it say "TSA regulations require" or "FAA regulations require" or does it merely say "standard procedure is to..." ?
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Old May 23, 19, 5:58 am
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Originally Posted by WillCAD View Post
Does the training that consistently tells you you're required to summon LEOs when you think you've spotted illegal drugs actually explain WHY, and under what law, the notification is required? Like, at all?

In point of fact, does the training or any of the literature actually say that you're required "by law" or does it say "TSA regulations require" or "FAA regulations require" or does it merely say "standard procedure is to..." ?
I can not give you any specific language that I remember indicating the legal framework, or specific CFR. However, many organizations have cooperative agreements that function the same as laws or regulations, once the organizations make the agreement, the actions described become a de facto regulation. This is similar to how many airports have cooperative agreements to utilize on site TSOs to help carry out emergency procedures in some cases, or some LEO departments work out agreements with ancillary departments that are in the same area (think a County Sheriff and then a city Police department inside of that county sharing patrol duties in some areas). All the way back when I was in the Army, 25+ years ago, we had a requirement to report illegal activities, items and especially illegal drugs if we encountered them - even in public (YMMV as to how tightly the individual Soldier applied that rule, but it was there).
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Old May 23, 19, 10:44 am
  #48  
 
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Originally Posted by gsoltso View Post
I can not give you any specific language that I remember indicating the legal framework, or specific CFR. However, many organizations have cooperative agreements that function the same as laws or regulations, once the organizations make the agreement, the actions described become a de facto regulation. This is similar to how many airports have cooperative agreements to utilize on site TSOs to help carry out emergency procedures in some cases, or some LEO departments work out agreements with ancillary departments that are in the same area (think a County Sheriff and then a city Police department inside of that county sharing patrol duties in some areas). All the way back when I was in the Army, 25+ years ago, we had a requirement to report illegal activities, items and especially illegal drugs if we encountered them - even in public (YMMV as to how tightly the individual Soldier applied that rule, but it was there).
Well, sure, we all acknowledge that there might be cooperative agreements, or edicts, or in-house rules, or this all might have to do with an actual section of the CFR, but the point of this entire discussion is that the legal basis for such requirements, agreements, or in-house rules has never been disclosed.

"We were required" - required by whom, under what authority? That's the question, and it has yet to be answered at all. And the longer we go with no citation of CFR, the more people will suspect that mandatory LEO reporting is, in fact, NOT required by law, but is something that TSA has undertaken on its own initiative, illegally encouraging TSOs by tacit reinforcement to (wink-wink) violate the limits of the administrative search doctrine by actively looking for criminal activity unrelated to WEI interdiction.

In plainer language, "We ain't gonna tell you to LOOK for drugs, 'cause that'd be, y'know, like, illegal and stuff, but if ya SEE some drugs, than ya gotta call the cops! And by the way, here's a list and pictures of what you're NOT supposed to look for, just so's ya know what not ta look for..."

Or, of course: "We're not supposed to be looking for drugs. And TSOs who don't use drugs shouldn't, theoretically, know what drugs look like. But TSO Smith recognized heroin in a traveler's bag and reported it to the police, resulting in a major arrest and seizure of a large amount of drugs and cash, so we're giving him a commendation, which will improve his chances of raises and promotions in the future. Way to go, Smith!"
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Old Jun 2, 19, 1:49 pm
  #49  
 
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Originally Posted by chollie View Post
I had legal prescription drugs confiscated because of the label. No swab or confirmation of the contents was done - the bottle was never even opened.
Could you email me the details? [email protected]

Originally Posted by WillCAD View Post
My response to that is, does TSA specifically recognize, commend, or reward TSOs who find illegal drugs, human traffickers, or other criminal activity incidental to screening?
Yes. It's mentioned repeatedly in issues of their internal newsletter. Read the ACLU's SPOT database.

Last edited by TWA884; Jun 2, 19 at 2:33 pm Reason: Merge consecutive posts by the same member; please use the multi-quote function. Thank you.
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Old Jun 2, 19, 2:03 pm
  #50  
 
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Could someone point me to rules about powder quantities? I must have missed something, but that's new to me.

FWIW, the prohibited items list has not (legally) changed since 2006. Search the Federal Register. The only quantity limitation it gives is 4 oz, for pepper spray (checked luggage only).
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Old Jun 2, 19, 2:37 pm
  #51  
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Exclamation Moderator's Note: Topic Drift

Folks,

The topic of this thread is searches for cannabis/marijuana by the TSA.

For indexing and future search purposes, please continue any discussion of powder(s) in the following thread:
2006: war on water. 2018: war on powder
Thank you,

TWA884
Travel Safety/Security co-moderator
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