So what exactly creates probable cause?
#301
Join Date: Jul 2008
Location: Florida
Posts: 3,006
No, but just rollin' up on a random couple kids being all cop-like and demanding they empty their pockets is. Even law dawg admitted to "Constitutional liberties".
"I don't like the looks of those youngsters" is not reasonable suspicion.
Or even a more reasonable example was the one upthread where the cop just took the bottle form the kid to see if it was beer or not. What's wrong with taking the kid's word for it?
"I don't like the looks of those youngsters" is not reasonable suspicion.
Or even a more reasonable example was the one upthread where the cop just took the bottle form the kid to see if it was beer or not. What's wrong with taking the kid's word for it?
I've "slapped the wrist" of many people over the years and told them to cut it out. Officer discretion and all of that. And maybe I took a Constitutional liberty or two but I knew, beforehand, I wasn't going to press charges.
Using no force as Law Dawg contends, and requesting someone to empty their pockets does not violate the 4th Amendment. An officer is under no obligation to tell someone that can refuse a request to search.
"I don't like the looks of those youngsters" is very much reasonable suspicion, as long as you are not being prejudiced. If you see a group of kids hanging outside the liquer store where normally kids dod not gather it is enough cause to go aver and say "howdy".
On the bottle example, the poster never claimed the officer asked him what was in the bottle. He stated he refused to show the label when asked.
#302
Join Date: Jul 2008
Location: Florida
Posts: 3,006
#303
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,990
I don't know of any list that doesn't have a catch-all caveat. Hell, you hear it on "Dancing with the Stars" with "the next couple, in no particular order, is..." So, no, a TSO or STSO cannot randomly prohibit any item at will they believe might pose a threat. The intent behind the caveat is, for example, if a supervisor were to find a baseball bat, clearly identified on the PI list, but the passenger insists that it's a softball bat, and technically not a baseball bat. The SOP isn't so rigid that the STSO would be bound by the precise wording of the PI list and could still prohibit the item even though it's technically not a baseball bat.
Example, Mr.Gel-Pack from PV, had gel packs keeping babies milk cold seized? How about the guy with the homemade battery pack? It was determined it was not a threat, but still was seized.
TSA seems to say one thing but does something else entirely.
And the Dancing with Stars comments does not apply. I can take a pass on Dancing, I cannot pass on TSA if I wish to fly.
If I could I would!
#304
FlyerTalk Evangelist




Join Date: Oct 2005
Location: Somewhere between here and there...
Programs: WWF, Appalachian Mountain Club
Posts: 11,595
I agree with you when you add in the liquor store, but any random group of kids in not inherently suspect based solely on their being kids. Also, it's not just saying "Howdy." It's all in how they say it. They know they're cops and kids are easily rattled by authority. Again, that power is not something to be taken advantage of.
#305
FlyerTalk Evangelist




Join Date: Oct 2005
Location: Somewhere between here and there...
Programs: WWF, Appalachian Mountain Club
Posts: 11,595
True. I just hate feeling like I'll have to take whatever is dished out to me on the scene then fight it later at my expense, be it monetary, time or whatever.
#306
Suspended
Join Date: Jul 2007
Location: Doha, Qatar
Programs: Air Canada Aeroplan, Lufthansa Miles & More, Flying Blue, Hyatt Gold Passport
Posts: 1,894
#307
Join Date: Jul 2008
Location: Florida
Posts: 3,006
I take, from a trained officer of the law who knows Constitutional boundaries, "And maybe..." to be a beat-around-the-bush admission to exactly what he describes he "might" have done.
But if the officer comes up with something in that search and is asked in court why he felt compelled to ask and the answer is "Eh, just felt like asking for no particular reason." (not that any officer doesn't have an arsenal of shady reasonable suspicion excuses to draw from, true or not) does it hold up?
I agree with you when you add in the liquor store, but any random group of kids in not inherently suspect based solely on their being kids. Also, it's not just saying "Howdy." It's all in how they say it. They know they're cops and kids are easily rattled by authority. Again, that power is not something to be taken advantage of.
But if the officer comes up with something in that search and is asked in court why he felt compelled to ask and the answer is "Eh, just felt like asking for no particular reason." (not that any officer doesn't have an arsenal of shady reasonable suspicion excuses to draw from, true or not) does it hold up?
I agree with you when you add in the liquor store, but any random group of kids in not inherently suspect based solely on their being kids. Also, it's not just saying "Howdy." It's all in how they say it. They know they're cops and kids are easily rattled by authority. Again, that power is not something to be taken advantage of.
If a good cop can scare the little ankle biter into behaving I am all for it. (NOTE this does not apply to bad cops)
#309
Join Date: Apr 2009
Posts: 252
I don't know what you expect me to say. I posted the rules with you, and you come up with an example of when the rules weren't followed. The difference is that I'm telling you that these are the correct procedures and you seem to say that if one place isn't following the rules, then nobody is following them.
I can't argue against that. You're too determined to believe that this is an institutional policy.
I can't argue against that. You're too determined to believe that this is an institutional policy.
* Like my incident: The STL TSO supervisor pulled the gel-pack out of my baby's bag, and told me gel-packs were only allowed for medicines, not infants. At the time, I accepted that the guy knew the rules he was enforcing. After a few travel delays, 13 oz of my wife's pumped breast milk spoiled and she cried as we poured it down the drain. When I re-read the policy and saw that I had remembered what I read: Breast milk is in the same category as liquid medications. , I got mad. Bob and several TSOs apologized for the error of the "bad apple" STL TSO supervisor, but TSA really can't make us whole and replace the irreplaceable breastmilk. I'm done with crying over the spoiled milk. But in the future, why should we trust TSA with breastmilk if no one can guarantee that we can carry breastmilk safely on an airplane? (Recently, because of this incident, my wife didn't even try to save 12 days worth of breast milk from a solo extended overseas trip.)
#310
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Some screeners do understand and follow, some do not. There seems no mechanism to correct the latter.
#311
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,990
I don't know what you expect me to say. I posted the rules with you, and you come up with an example of when the rules weren't followed. The difference is that I'm telling you that these are the correct procedures and you seem to say that if one place isn't following the rules, then nobody is following them.
I can't argue against that. You're too determined to believe that this is an institutional policy.
I can't argue against that. You're too determined to believe that this is an institutional policy.
I am not arguing what the rules are. You have been pretty straight forward about that.
The problem is how these rules are being used or not used across the country. There are way to many cases of the rules being tossed in the trash.
Take sports as an example, having a rulebook is fine but when it is not being applied in the same manner by the different teams then you cannot have a fair game. That's why the rules are standardized for the whole league.
This is a major failing with TSA. To much latitude at each airport to implement rules as that FSD sees fit, and so forth on down the line to the guy in St Louis that harassed a guy over $4,700 or the airport Mr Gel-pack transited and lost his means to cool a babies milk.
You guys have to fix these basic problems before the public who travels enough to see what is really happening will support your efforts.
#312
Join Date: Aug 2004
Posts: 4,704
Hey, man, I was one of those kids once. So were you. I happened to be pretty good at not getting caught.
But kids will unwittingly bow to authority. Every time I got pulled over and the cop said in his cop-authoritative voice "Open the trunk", I did without question. Again, I happened to be clean on those occasions, but they were for sure fishing expeditions, completely unnecessary and only served to put me off to LEOs and made me better at the game.
And that's where the issue is deeper than just dealing with kids, who are far too easy to catch wrongdoing. If you're willing to trample the Constitution and prey on kids, why should I trust you now that I'm older?
But kids will unwittingly bow to authority. Every time I got pulled over and the cop said in his cop-authoritative voice "Open the trunk", I did without question. Again, I happened to be clean on those occasions, but they were for sure fishing expeditions, completely unnecessary and only served to put me off to LEOs and made me better at the game.
And that's where the issue is deeper than just dealing with kids, who are far too easy to catch wrongdoing. If you're willing to trample the Constitution and prey on kids, why should I trust you now that I'm older?
And yeah, I was one of those kids once. And I bent the rules as a kid and yeah, I got caught. And the cops that caught me weren't nearly as nice to me as I've been to the kids. I got ran in and put in the pokie.
So when I've rolled up to kids looking shady, late, late into the night somewhere they're not really supposed to be, I've slapped their wrists and sent them on their way. But I don't browbeat them and I don't pull that "respect my authoritay!" crap. I do try and put a little fear of consequences in them, but I can only do so much.
Adults I don't cut near as much slack, but do look the other way on what I consider piddly crap. But with adults I pretty much follow the book, because with them I'm always anticipating charges being filed, and the process has to be clean.
#313
Join Date: Aug 2004
Posts: 4,704
I take, from a trained officer of the law who knows Constitutional boundaries, "And maybe..." to be a beat-around-the-bush admission to exactly what he describes he "might" have done.
But if the officer comes up with something in that search and is asked in court why he felt compelled to ask and the answer is "Eh, just felt like asking for no particular reason." (not that any officer doesn't have an arsenal of shady reasonable suspicion excuses to draw from, true or not) does it hold up?
But if the officer comes up with something in that search and is asked in court why he felt compelled to ask and the answer is "Eh, just felt like asking for no particular reason." (not that any officer doesn't have an arsenal of shady reasonable suspicion excuses to draw from, true or not) does it hold up?
But since I preferred no charges and didn't plan on it anyway, it was a mute point. I confiscated illegal items, tried to impress on them the seriousness of the consequences had someone else found them and/or turn them over to mama's real and very physical love (if applicable) and then sent them on their way.
#314
Join Date: Aug 2004
Posts: 4,704
It was poorly done and beyond the pale. It was not a moral outrage nor a travesty. Had he beat you down to get the bottle away from you I would respond more vehemently. As it was - there are worse things that I see fairly often that warrant more of a response from me than that. Sorry.
#315
Join Date: Dec 2004
Location: Southern California
Posts: 898
Of course, if I know why the officer approached me, such as, say, a traffic stop, then I will be as polite as I can without being subservient. I will of course, be mindful of what I say to avoid confessing to something. However, once I detect a fishing expedition, such as a request to open the trunk, I will immediately shut up.

