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Old Jun 17, 2008 | 1:38 pm
  #121  
 
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Again, if you want the people at large to be comfortable with LEOs in general, then weed out the ones that cause us to be suspicious. Just as I don't blame the CHiP who puts a hand on his gun when he approaches me while I am changing a tire on the side of the road, so to you should forgive me for being circumspect of his intent.
I believe this thread is ready to be closed. It is obvious that you are asking for the impossible. Although I believe law enforcement as a profession (and policing it) has improved vastly over the last 30 years, I do not believe there will ever be a day where every corrupt and/or unprofessional LEO will be eliminated from the job.
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Old Jun 17, 2008 | 2:49 pm
  #122  
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As the OP here...this has been an interesting read for my "friend"...He will just save the Minis for the beleaguered airline employees who are undergoing pension cuts.
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Old Jun 18, 2008 | 11:33 pm
  #123  
 
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Originally Posted by ralfp
I'm slightly confused. If entering the WTMD and putting your bags in the xray puts you into the sterile area....
Sorry for getting to this so late. It's called implied consent. A pax has the right to turn out and walk away any time before what Cee stated. You could be in the 5th slot waiting to get your stuff x-rayed, decide you don't want to go through with this and leave if you so choose. As sad as this may sound, once you're belongings are on the belt and/or you step foot into the WTMD you've given up that right.
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Old Jun 19, 2008 | 12:30 am
  #124  
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Originally Posted by StySho168
Sorry for getting to this so late. It's called implied consent. A pax has the right to turn out and walk away any time before what Cee stated. You could be in the 5th slot waiting to get your stuff x-rayed, decide you don't want to go through with this and leave if you so choose. As sad as this may sound, once you're belongings are on the belt and/or you step foot into the WTMD you've given up that right.
Fine, but (according to Cee) you are already in the secure area, but have not been cleared. How is that not a breach when leaving at that point is?
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Old Jun 19, 2008 | 1:28 am
  #125  
 
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A pax wouldn't be allowed into the sterile/secured area unless they're cleared. If so, you're probably being escorted out. If that's not the case, then we have a breach.

To my understanding, it would be considered a breach if at anytime you start the screening process, then decide to leave throughout the whole ordeal without being cleared. If you're bags are still in your direct possession, or you have no bags and you're still in queue to walk through the mag yet; then technically you haven't started the screening process yet....for example the times when people come in and realize they left something in the food court or something. Once you have been screened and found clear, you're then free to move about; before then you're not clear. Look at it as somebody coming through, dropping a bag off and pulling a Carl Lewis without finishing the process; wouldn't/shouldn't that's going to raise a flag. What's he running for? What did he just come and drop the bag off? If you see a mass of people high tailing it, you're going to stand around to see what danger(s) they're running from? It's hard to explain I guess.
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Old Jun 19, 2008 | 8:34 am
  #126  
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Originally Posted by StySho168
Sorry for getting to this so late. It's called implied consent. A pax has the right to turn out and walk away any time before what Cee stated. You could be in the 5th slot waiting to get your stuff x-rayed, decide you don't want to go through with this and leave if you so choose. As sad as this may sound, once you're belongings are on the belt and/or you step foot into the WTMD you've given up that right.
Sorry, that's not codified anywhere as law. It might be your employer's definition, but A) absent the police interfering, you can't stop me from leaving, and B) that is not the generally accepted definition of where the sterile area begins

The Courts might have improperly supported the contention that consent cannot be withdrawn AFTER you've gone through the WTMD or the bag has gone through the xray, but there is no way they can enforce consent before that action has occurred, since you haven't had a chance to 'see' inside the bag or scan the person for metal objects.
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Old Jun 19, 2008 | 10:21 am
  #127  
 
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I keep my brothers PL and CPL for our state on my computer desk, and read through it quite often; so trust I know that's not codified anywhere as law . It's a pretty interesting read, can be confusing also. Boca I agree with everything that you say; especially you when you say it's TSA's definition of the matter.
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Old Jun 20, 2008 | 5:28 pm
  #128  
 
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Originally Posted by bocastephen
Sorry, that's not codified anywhere as law. It might be your employer's definition, but A) absent the police interfering, you can't stop me from leaving, and B) that is not the generally accepted definition of where the sterile area begins

The Courts might have improperly supported the contention that consent cannot be withdrawn AFTER you've gone through the WTMD or the bag has gone through the xray, but there is no way they can enforce consent before that action has occurred, since you haven't had a chance to 'see' inside the bag or scan the person for metal objects.
Not the generally accepted definition? It is written through federal regulation (USC 49 CFR & 1540.5) that the sterile area includes the security checkpoint, that is why the 9th ruled the way it did with US v. Aukai. I'm not sure if you are making reference to sitting in the "slot" as StySlo mentioned, but once you initiate screening by either (a) placing your bags on the x-ray or (b) walking through the WTMD, you are not free to exit the screening area before the search is complete. You are correct regarding what a TSO can and cannot do, but you can bet that once a LEO gets on scene, we will stop and investigate, including a search of your bags and/or person.

As far as sitting in a "slot," if the bags have not been placed, nor the passenger gone through the WTMD, I would say they are still free to leave.

Straight from the code mentioned above:

Sterile area means a portion of an airport defined in the airport security program that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter, through the screening of persons and property.

Last edited by SgtScott31; Jun 20, 2008 at 5:37 pm
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Old Jun 27, 2008 | 12:14 pm
  #129  
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Originally Posted by SgtScott31
Yes he was, and I know the next question that is coming. I will try to dig up his name and copy the link to the criminal court clerk website.
And we still wait.
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Old Jul 7, 2008 | 8:25 am
  #130  
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Originally Posted by SgtScott31
Yes he was, and I know the next question that is coming. I will try to dig up his name and copy the link to the criminal court clerk website.
And it has now been over three weeks and still no response.
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Old Jul 7, 2008 | 9:26 am
  #131  
 
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Man you guys are ball breakers.
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Old Jul 7, 2008 | 9:50 am
  #132  
 
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Originally Posted by ND Sol
And it has now been over three weeks and still no response.
Which one was I referring to? I can't find the post. I will look it up today when I go in if someone can refresh my memory. I don't get on here as much as others (obviously).
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Old Jul 7, 2008 | 10:13 am
  #133  
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Originally Posted by SgtScott31
Which one was I referring to? I can't find the post. I will look it up today when I go in if someone can refresh my memory. I don't get on here as much as others (obviously).
The druggie who ran and was arrested for resisting and disturbing the peace or something like that.
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Old Jul 7, 2008 | 10:35 am
  #134  
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Originally Posted by SgtScott31
That is the reason why we would be catching up to the individual pretty quickly and detaining him. I do not believe TSOs would physically put their hands on him. We had a similar situation occur at BNA. The individual fled back out of the checkpoint upon questioning by TSOs (or he knew LEOs were coming) and was caught in the parking lot outside of the main terminal. He was definitely involved in narcotics, but there was not enough to indict him. He was subsequently arrested for a couple of local charges (disorderly conduct, resist stop/frisk/halt).
It was this one.
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Old Jul 7, 2008 | 4:37 pm
  #135  
 
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Suspect name: Stephen Nathan Clark

Click on this link and enter first and last name:

http://ccc.nashville.gov/portal/page...chPublicForms/

He has many arrests (obviously), but the two pertaining to our incident were:

GS188441 & GS 188442

You can view the narrative by clicking on "view affidavit." Obviously our police report is longer than just what is stated on the affidavit/warrant. If you want a copy, you can call our agency and get one for a small fee.

The subject began dumping money while he was being pursued. He was apprehended in the Long Term Parking. An officer suffered a fractured leg during the pursuit. The money was seized, but I do not know if any federal charges were applied.

Last edited by SgtScott31; Jul 7, 2008 at 4:51 pm
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