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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   So what exactly creates probable cause? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/946595-so-what-exactly-creates-probable-cause.html)

Wally Bird Apr 25, 2009 9:47 am


Originally Posted by law dawg (Post 11640727)
I wanted to clear up one thing. While it has been correctly noted here that TSOs are not held to a probable cause standard, they are very much held to the scope of the search standard. IOW, they can't be looking in places that could not hold the prohibited items prescribed in the search parameters. If they find something within that scope that is not a dangerous item, they can refer that to a LEO and the search would be valid. If they went outside those parameters and found something, that evidence would be excluded. Although you'd still take a ride downtown

Which is precisely the point. Although the TSO may be "very much held" to a standard in a court, what they do up to that point seems to be entirely capricious. They can, do and have pawed through anything they please at the checkpoint, usually supported without question by the aiport PD.

To the victims it is scant vindication that they don't go to (criminal) court or are acquitted there: a substantial part of their lives has been arbitrarily disrupted along with possibly considerable financial outlay. And if you are cited by the TSA's own kangaroo court, none of these "standards" is worth a damn anyway.

polonius Apr 25, 2009 12:58 pm


Originally Posted by PTravel (Post 11639388)
Giving them police-style uniforms and badges only reinforces the perception that they have police powers.

No kidding -- I'm still stunned by KellyMae's belief that she worked in law enforcement. I mean if the handpicked bloggers do understand this, then what are the odds that the rank and file TSOs do?

polonius Apr 25, 2009 1:06 pm


Originally Posted by yyzvoyageur (Post 11642036)
In my experience (not security screening, but rather an enforcement role), very aggressive and belligerent people often have something to hide,

Sorry, don't believe that. I have little doubt the 9-11 hijackers were all "good morning to you," fully co-operative, friendly and cheerful on their way through the checkpoint. Probably the most pleasant people the screeners encountered that morning.

I am generally irritable and unpleasant going through U.S. customs. But the one time I brought a box of cohibas in, I was mr. charming and affable, and breezed right through.

Wally Bird Apr 25, 2009 1:16 pm


Originally Posted by polonius (Post 11643038)
Sorry, don't believe that. I have little doubt the 9-11 hijackers were all "good morning to you," fully co-operative, friendly and cheerful on their way through the checkpoint. Probably the most pleasant people the screeners encountered that morning.

There is a video of Atta and Jarrah going through security and they are grim-faced and taciturn. Not what I'd call friendly, but not obviously bad guys either - just two more passengers. However, Atta did get into a bit of a dispute about having to be screened twice (PWM/BOS), something he obviously hadn't anticipated.

Which proves nothing, except the truism that you can't tell a terrorist just by looking. Or SPOTting.

http://www.historycommons.org/contex...ideoclassified

IslandBased Apr 25, 2009 1:23 pm


Originally Posted by Wally Bird (Post 11643086)
There is a video of Atta and Jarrah going through security and they are grim-faced and taciturn. Not what I'd call friendly, but not obviously bad guys either - just two more passengers. However, Atta did get into a bit of a dispute about having to be screened twice (PWM/BOS), something he obviously hadn't anticipated.

Which proves nothing, except the truism that you can't tell a terrorist just by looking. Or SPOTting.

http://www.historycommons.org/contex...ideoclassified

Leads me to wonder if terrorists are just breezing through the checkpoints unnoticed... Do they now have a 100% rate of checkpoint transit, and TSA a zero rate of detecting them?

polonius Apr 25, 2009 1:28 pm


Originally Posted by Wally Bird (Post 11643086)
There is a video of Atta and Jarrah going through security and they are grim-faced and taciturn. Not what I'd call friendly, but not obviously bad guys either - just two more passengers. However, Atta did get into a bit of a dispute about having to be screened twice (PWM/BOS), something he obviously hadn't anticipated.

Which proves nothing, except the truism that you can't tell a terrorist just by looking. Or SPOTting.

http://www.historycommons.org/contex...ideoclassified

you can recognise them by the large shampoo bottle in their carry-on, however:eek: (I'm sure KellyMae will back me up on this:D)

Bart Apr 26, 2009 8:05 am

*****

kylemore Apr 26, 2009 2:15 pm


Originally Posted by rustyhaight (Post 11635569)
Now, to be clear, common questions I'd expect of someone being courteous, or even reasonably curious aren't the kinds of things I think the reasonable man ought to react like that to. For example, I often travel with a lot of "unusual looking" electronics or camera gear. I had a guy at a check point ask about a strobe I had and my experience with it. I may have been the subject of a "BDO" or it may have been wholly innocent conversation as he was rifling my stuff but my perception was it was casual, it seemed to be genuine interest, and it didn't extend my trip through the "secondary." I responded in kind, answering his questions and talking to him like I would anyone else who asked me about it. I see that as "no harm, no foul." It's been those few occasions where the person at the checkpoint has chosen a tone or line of questions I don't think I or any individual in that setting deserves that I have in the past and will again in the future reply to in the form of "name, rank and serial number (as above)." If they can articulate a reason for holding me, they will have to explain it to those people. I have no intention of subjugating my rights and freedoms to some wannabe who's nothing more than badge heavy.

Great post, actually I think its the FTW post of this thread. Pretty much answered all the questions I had from the OP. The comparison to bouncers at a nightclub seems particularly apt.

thesaints Apr 26, 2009 2:59 pm


Originally Posted by Bart (Post 11646126)
I teach TSOs that we can only search for prohibited items. Even if they see what appears to be a crack pipe on the x-ray screen, it is not enough to warrant a search because pipes are not prohibited items. ...

BART: what's your take on the famous case of Michael Vick's water bottle ?
http://www.thesmokinggun.com/archive...71mexico1.html

Wouldn't that classify as a clear case of search with no probable cause ?

Ari Apr 26, 2009 3:21 pm


Originally Posted by Bart (Post 11646126)
I teach TSOs that we can only search for prohibited items. Even if they see what appears to be a crack pipe on the x-ray screen, it is not enough to warrant a search because pipes are not prohibited items. However, if they see a pocketknife on the x-ray screen, and the TSO who physically searches the bag comes across something that may be drug paraphernalia, then that TSO summons the supervisor. The supervisor determines whether or not to notify the LEO.

I also teach TSOs to notify the supervisor whenever they come across large sums of cash NOT because it may indicate a crime (it doesn't) but because before touching that large sum of money, it's best to have the supervisor on hand to witness the rest of the screening for the TSO's protection against false claims (not that that's ever happened before!). Large sums of money only come into play for international flights.

Hey. Nice to hear from you! ^

crescatfloreat Apr 26, 2009 4:03 pm

.....
 
.....

goalie Apr 26, 2009 4:59 pm


Originally Posted by Bart (Post 11646126)
......I also teach TSOs to notify the supervisor whenever they come across large sums of cash NOT because it may indicate a crime (it doesn't) but because before touching that large sum of money, it's best to have the supervisor on hand to witness the rest of the screening for the TSO's protection against false claims (not that that's ever happened before!). Large sums of money only come into play for international flights.

welcome back to the voice of reason ^

colpuck Apr 26, 2009 5:52 pm

From my understanding of Criminal Procedure, the courts will not make a decision on the validity of the search based on the nature of the item discovered or the crime. Specifically, the TSA authority is based on administrative searches. However, should the discover a crack pipe on an x-ray scan or kiddie porn stash during a physical inspection of the bag, it is all admissible evidence.

Now on to TSA's as LEO's

TSA's are not LEO's, that's all been covered. However, according to the 9th Cir. (IIRC) once you consent to the TSA search, you can not withdraw that consent.

If you are talking to a LEO you can end the conversation by simply stating, "I invoke my 5th amendment right to remain silent, and I will not speak with you without my attorney present." At that point the officer has one of two choices, letting you go, or arresting you and holding you for a max of three days.

Trollkiller Apr 27, 2009 9:47 pm


Originally Posted by colpuck (Post 11648356)
From my understanding of Criminal Procedure, the courts will not make a decision on the validity of the search based on the nature of the item discovered or the crime. Specifically, the TSA authority is based on administrative searches. However, should the discover a crack pipe on an x-ray scan or kiddie porn stash during a physical inspection of the bag, it is all admissible evidence.

Now on to TSA's as LEO's

TSA's are not LEO's, that's all been covered. However, according to the 9th Cir. (IIRC) once you consent to the TSA search, you can not withdraw that consent.

If you are talking to a LEO you can end the conversation by simply stating, "I invoke my 5th amendment right to remain silent, and I will not speak with you without my attorney present." At that point the officer has one of two choices, letting you go, or arresting you and holding you for a max of three days.

If the officer arrests you they must charge you or have a VALID reason to hold you, such as waiting for your identification confirmation. The three day rule only means they can not hold you longer than three days, even if your ID confirmation is not returned, without filing formal charges. (yes I know it is the procecution's office that charges you not the police)

I agree with the 9th's ruling about screening submission. Once you have turned custody of your carry on over to a TSO for the purpose of screening, it should be screened.

Once you have allowed a TSO to start screening your person (NOT the ID check) you should be screened completely.

If you were allowed to walk away at any point it would be too easy to game the system. Remember our Constitution protects us against UNreasonable searches and seizures. Finishing a screening that you initiated by willfully entering the checkpoint is not unreasonable. The method the TSA uses to screen you may be unreasonable and therefore unconstitutional.

TSORon Apr 28, 2009 11:00 am

I have yet to see anyone here present a valid argument for what is or is not constitutional in the TSA screening process. Lots of posturing and belief’s, but not a single valid argument with supporting data. So you will excuse me if I take the whole argument here of constitutionality with a HUGE grain of salt.


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