Question for the TSA & LEOs on the Board
#121
Join Date: Jun 2008
Location: Nashville, TN
Posts: 355
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.
#123
Join Date: Nov 2005
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Posts: 31
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.
#124




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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.
#125
Join Date: Nov 2005
Programs: AOPA, AAdvantage, jetBlue TrueBlue
Posts: 31
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.
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.
#126
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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.
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.
#127
Join Date: Nov 2005
Programs: AOPA, AAdvantage, jetBlue TrueBlue
Posts: 31
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.
. 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.
#128
Join Date: Jun 2008
Location: Nashville, TN
Posts: 355
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.
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.
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
#130




Join Date: Sep 2003
Location: Houston
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#132
Join Date: Jun 2008
Location: Nashville, TN
Posts: 355
#133
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The druggie who ran and was arrested for resisting and disturbing the peace or something like that.
#134




Join Date: Sep 2003
Location: Houston
Posts: 8,957
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).
#135
Join Date: Jun 2008
Location: Nashville, TN
Posts: 355
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.
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

