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Originally Posted by Wally Bird
(Post 9855454)
... Of course, no surprise there either, and not the first time FAT has featured in this forum.
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Originally Posted by law dawg
(Post 9855565)
They did have cause, as BS as it was. A violation of law was discovered while performing an administrative search. They can detain the person while LEOs respond and then turn over the evidence to the responding LEOs. The precedent is quite clear.
TSO's can "Detain while LEOs respond?" Your basis for this claim is? |
Originally Posted by law dawg
(Post 9855565)
They did have cause, as BS as it was. A violation of law was discovered while performing an administrative search. They can detain the person while LEOs respond and then turn over the evidence to the responding LEOs. The precedent is quite clear.
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Originally Posted by law dawg
(Post 9855565)
They did have cause, as BS as it was. A violation of law was discovered while performing an administrative search. They can detain the person while LEOs respond and then turn over the evidence to the responding LEOs. The precedent is quite clear.
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They likely knew his age by looking at his DL.
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Originally Posted by sammy0623
(Post 9855837)
How did they know he was underage? They'd have to know he was 20 or under in order to be able to know they had a violation of the law (unless I missed it).
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Originally Posted by bocastephen
(Post 9855794)
A violation of the law which was completely outside their jurisdiction as well as the local police. They had no cause to detain - and quite frankly, let's not get away from the point that they cannot detain anyone anyway. If they used any force or coercion to keep the person from leaving the checkpoint, they are guilty of a crime - kidnapping or unlawful confinement come to mind.
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Originally Posted by NY-FLA
(Post 9855741)
News to me! TSA can detain? (I don't see this as any different from claiming TSA can arrest.) I don't know how they could even prevent uncleared entry into the "sterile" area. Always thought the best TSA could do was track such entrants for LEO's to arrest.
TSO's can "Detain while LEOs respond?" Your basis for this claim is? If the passenger is "not free to leave," then what is he other than detained? |
I'm guessing the kid wasn't actually detained by anyone from the TSA. All they did was refuse to clear him to the sterile area and take their sweet time summoning the LEOs. The kid probably could have exited the checkpoint streetside rather than sit around waiting for LEOs, but he didn't.
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The TSA took his picture and photocopied his DL and BP? Cee, OOTPYLTH, is this a normal practice? It's unclear from the original post whether the PAX or TSA called for a LEO, so I'll withhold comment on the rest, except to ask: what eventually happened to the liquor? BTW, any time we see liquids in a bag, we're supposed to call a bag search, so the TSOs were following proper procedure in that regard. There's nothing in the SOP that requires us to report minors in possession of alcohol, however, so that's kind of a gray area! Would make for an interesting court case ... I expect we'll see a ruling eventually that will define what the TSA can and cannot do when it discovers contraband that clearly isn't a threat to aviation safety. |
Originally Posted by law dawg
(Post 9855968)
http://vlex.com/vid/20254460
If the passenger is "not free to leave," then what is he other than detained? Therefore, if you tried to leave and a screener grabbed you, then you could have that screener charged with assault and battery, no? |
Originally Posted by law dawg
(Post 9855968)
http://vlex.com/vid/20254460
If the passenger is "not free to leave," then what is he other than detained? Do you have a citation where the holding concerned detention by screeners? |
Originally Posted by oneofthosepeopleyouloveto hate
(Post 9856020)
I expect we'll see a ruling eventually that will define what the TSA can and cannot do when it discovers contraband that clearly isn't a threat to aviation safety.
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Originally Posted by usa18dca
(Post 9854156)
After the TSA took his picture of him, the BP and Drivers License they sent him on his way and he ultimately missed the flight and as he was exiting the security area he saw the TSA people go "oh he missed his flight...just perfect" then the other guy laughed...this is UNPROFESSIONAL and I told him to contact his local congressman and whine about how TSA is abusing their so called power.
What was the correct protocol in this situation? He wanted to know. TSA is at fault for general incompetency for not calling the airport police any sooner. Plus, they should be responsible for his airfare to Vegas at the next available flight out at their expense. It shouldn't be their issue what he carries as long as it's legally allowed on the plane and not enforce the laws. Someone needs to tell the TSA that they're not cops.
Originally Posted by bocastephen
(Post 9855304)
The TSA held the person there without any legal basis or right to do so - unless he was free to pass the checkpoint or leave the checkpoint, being held was a detention and it was illegal.
Plus, police can detain a suspect for up to 48hrs before pressing charges. Even though the TSA was wrong, the LEOs could have detained him for that period of time legally. |
Originally Posted by civicmon
(Post 9856093)
...Plus, police can detain a suspect for up to 48hrs before pressing charges. Even though the TSA was wrong, the LEOs could have detained him for that period of time legally.
Under what statute can the police hold someone for 48hrs without charging them? Is this is a state statute? |
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