Question for the TSA & LEOs on the Board
 

So my friend flew out of this mid sized Northern California city last month...It's one of these "Oh XXXXXX, it's so dead there no one ever really goes there anymore cities" All I can say is between BFL and MCE.

Anyways he was catching the last flight out of there to Vegas and as he went through the security screening process they searched his bag and came across six miniature bottles of booze (This met the 3.3 restriction and was in a clear plastic bag) Unfortunately for my friend who was underage however obtained it legally while in Europe the previous day and had even the receipt of the purchase in Europe which sucks for him though. He texted me as the TSA was searching through his bag and I told him to immediately call or ask for the LEOs if they were illegally detaining him after the security screening.

So he waited 35 minutes before the LEOs actually showed up at the security checkpoint and he waved them over, apparently the LEOs were not called over for that reason so they asked the TSA what was up and they smugly acted like they made the biggest bust ever according to my friend, he also said the TSA screener immediately said "alcohol" as the bag was going through the x-ray machine.

After another 20 minute wait with the LEOs who let him go after my friend made the valid argument that the TSA had no authority to detain him because only the LEOs are allowed to deal with federal enforcement regarding possession of alcohol in a minor not the tub stacking ...*****(his words).

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.

Airport LEOs (state or local) don't enforce federal liquor laws as there are no such things. The only federal laws in that area are licensing (selling of) and the quantity you can bring into the country, and that's done by the BATF and CBP respectively, not local LEOs.

If the person is under 21 and in possession of alcohol in the USA then it's a crime. It's a BS crime to be sure (and I'm glad the LEOs let this one go) but technically it's a crime. The TSA had a chance to exercise some discretion but technically they were in their rights to call the LEOs in on this. Like I said, it's BS but it's technically a crime.

The question remains - how did the passenger act? If he had an attitude to them then there's no wonder they used the littlest thing to jam him up. If he was just flying as normal and undergoing the process then this was definitely them being hardons.

It's good to take stands and not be pushed around, but know your rights, the law and make sure you're not breaking it, because all you've then done is ensure that you get pinched for it.

While it is no wonder, it is still unprofessional. I've learned over the years that sometimes you just have to let things roll off your back. usa18dca, how old is your friend? How was it established by the TSO's that he was a minor? Did he volunteer the info? The TSA took his picture and photocopied his DL and BP? Cee, OOTPYLTH, is this a normal practice?

I would do the following:

1) this was an illegal detention, and your friend needs to consult an attorney

2) the attorney should file a subpoena to seize the tapes TODAY before they are lost or over-written

I could easily just say 'contact the Airport Director's office and FSD', but I think this TSA crew needs a lesson. The catch here will be whether or not your friend can afford an attorney.

This is pretty serious - and he should have demanded the GSC immediately.

How was it an illegal detention? In what manner?

I'm not making any moral judgment, just stating the obvious reality - if anyone wants to buck the man, they'd better be in the right. :)

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.

I forget the main reason why we photocopy boarding passes and driving licenses; but that's more a question for the leads and supervisors; haven't had it happen in a while when I'm at work. Usually when a LEO's in called they want them for their records.

It's not something that I have ever seen/heard of being done. Nor have I ever tried to bust a minor for carrying alcohol with them. Sounds like the screeners at the small airport were really bored that day.

Agree. If your in the right, and have your ducks in a row, buck away. It sounds like this guy did not. My point was as a LEO or security guard or TSO you can expect to receive a certain amount of flack. A professional understands that the person is angry at what they represent and not them per se and does not take it personally. I'll admit it took me a few years to figure that out. As a background I have been a LEO for 20 years. I have worked the street, prison, and I am currently a Fed.

So they are making copies for the responding LEO? In this case the LEO's did not take any action, I wonder why the documents were copied in this incident?

Nothing to do with the LEOs, if the LEOs want the information they'll demand it themselves. The TSA has 'incident reports' they are supposed to fill out, although the why and how are apparently SSI. Seems obvious to me that in this incident it was pure retaliation and intimidation, something many TSOs are notorious for.

Unprofessional ? Of course, no surprise there either, and not the first time FAT has featured in this forum.

This detail seems to have been missed by the responders here, and I think it makes a difference in the story. Maybe the OP can confirm this because it's a little fuzzy. Did the TSA tell the young man to wait for the LEO's to show up or did he wait there on his own? If they did tell him to wait, wouldn't THAT be unlawful detaining since they never actually called the LEO's?

It probably has something to do with the incident report. We don't have photocopiers readily accessible at my airport, so copying ID and BP is something I don't do. For an incident report, I just take down the info by hand and transfer it into the report. I guess it would be easier if I could just photocopy it.

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.