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-   Practical Travel Safety and Security Issues (https://www.flyertalk.com/forum/practical-travel-safety-security-issues-686/)
-   -   Playing "Fun with TSA" -- anyone can do it (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1097157-playing-fun-tsa-anyone-can-do.html)

pmocek Jun 28, 2010 2:03 pm


Originally Posted by TSO1973 (Post 14209009)

Originally Posted by pmocek (Post 14208922)

Originally Posted by TSO1973 (Post 14208099)

Originally Posted by pmocek (Post 14207360)

Originally Posted by TSO1973 (Post 14182453)

Originally Posted by pmocek (Post 14168047)

Originally Posted by TSO1973 (Post 14167936)

Originally Posted by pmocek

Originally Posted by TSO1973 (Post 14167394)

Originally Posted by pmocek (Post 14163321)

Originally Posted by TSO1973 (Post 14163268)

Originally Posted by pmocek (Post 14163201)

Originally Posted by TSO1973 (Post 14163012)
Plus something like this is artful concealment which brings a new element into the mix.

What is "brought into the mix" by artful concealment?

Artful concealment gets a LEO involved.

Is artful concealment unlawful?

Direct quote from a LEO, "We get involved in artful concealment situations because it shows intent to get an item past the checkpoint into the sterile area. Whether we pursue charges or citations is on a case by case basis after interviewing the passenger".

You didn't answer my question. Is artful concealment unlawful?

Well since I am not a LEO or a lawyer, that's not for me to answer. I gave you the answer I was given.

Oh, okay. New question: Do you think artful concealment is unlawful?

Whether I think it's illegal or not is irrelevant. If the SOP says I need to do something, then that's what I do.

What you think about this is relevant to this conversation. I'm only asking for your opinion. Will you please share it with us?

Depends on the situation. Artful concealment in and of itself I don't have an issue with. [...] I don't have a problem with [someone walking down the street with a knife hidden in his belt buckle]. If, however, you are artfully concealing something in a deliberate attempt to get around security measures, if it's not illegal where you are doing it, it certainly should be.

I didn't ask you what actions you find to be problematic or what actions you think should be illegal.

Do you think artful concealment by someone as he attempts to cross your TSA barricade at the airport where you work -- an action like that to which you earlier referred as "something like this" -- is unlawful?

You asked whether or not I thought that artful concealment was illegal, I answered that question.

I apologize for not being explicit earlier. I assumed you would evaluate the question in the context of this discussion. Regardless, I have since explicitly asked whether you think it is unlawful for someone to artfully conceal something, in a situation like that to which you earlier referred as "something like this," while he attempts to cross the TSA barricade at the airport where you work. Do you?

DeaconFlyer Jun 28, 2010 2:31 pm

Phil:

Do you think it is unlawful for someone to artfully conceal something, in a situation like that to which was earlier referred to as "something like this," while he attempts to cross the TSA barricade at the airport where TSO1973 works?

pmocek Jun 28, 2010 2:45 pm


Originally Posted by DeaconFlyer (Post 14209196)
Do you think it is unlawful for someone to artfully conceal something, in a situation like that to which was earlier referred to as "something like this," while he attempts to cross the TSA barricade at the airport where TSO1973 works?

No, I'm not aware of any law prohibiting such.

Much more interesting than my opinion on the matter is that of a TSA bag checker who claims that such activity will result in police involvement, presumably due to his or his associates' request for such involvement.

TSO1973 Jun 28, 2010 2:51 pm


Originally Posted by pmocek (Post 14209264)
No, I'm not aware of any law prohibiting such.

Much more interesting than my opinion on the matter is that of a TSA bag checker who claims that such activity will result in police involvement, presumably due to his or his associates' request for such involvement.

As was stated earlier, LEO's are informed because that is what the SOP says to do. Whether or not any laws have been broken is up to the LEO, not to me, or any other TSO, STSO.

pmocek Jun 28, 2010 3:07 pm


Originally Posted by TSO1973 (Post 14209302)
LEO's are informed because that is what the SOP says to do. Whether or not any laws have been broken is up to the LEO, not to me, or any other TSO, STSO.

Actually, it's up to a judge. The police officer's role is not to judge guilt any more than you and other airport security guards' roles are. His or her role is to take notes and get someone he or she accuses of wrongdoing in front of a judge.

You still haven't said whether you think this action is unlawful or not. I didn't ask why you inform police in these situations.

Scubatooth Jun 28, 2010 3:21 pm


Originally Posted by TSO1973 (Post 14209302)
As was stated earlier, LEO's are informed because that is what the SOP says to do. Whether or not any laws have been broken is up to the LEO, not to me, or any other TSO, STSO.


Oh so your just following orders; so if the SOP told you to jump off a cliff would you?

You know that defense doesnt work in court, right? Just look at history for examples of that.

skywalkerLAX Jun 28, 2010 3:34 pm


Originally Posted by Scubatooth (Post 14209471)
Oh so your just following orders; so if the SOP told you to jump off a cliff would you?

You know that defense doesnt work in court, right? Just look at history for examples of that.

Jumping the gun a little here, dont you think !?

If your boss tells you before you sign a contract with that client I want to look over it & you just go ahead yourself I'm sure you would hear from that in every but a positive way. Are you blaming people for doing their job ?

That 'history' comment is inappropriate in this comparison !

tom911 Jun 28, 2010 3:42 pm


Originally Posted by TSO1973 (Post 14209302)
As was stated earlier, LEO's are informed because that is what the SOP says to do. Whether or not any laws have been broken is up to the LEO, not to me, or any other TSO, STSO.

If you want to retain your job, you are required to follow these written policies, correct? You, or your fellow employees, don't get to pick and choose which written policies to follow?


Originally Posted by Scubatooth (Post 14209471)
Oh so your just following orders; so if the SOP told you to jump off a cliff would you?

You know that defense doesnt work in court, right? Just look at history for examples of that.

Can you give us some recent examples in the U.S.? I'm specifically looking for where a government agency employee, following written procedures, was not allowed to introduce that written policy into court.

TSO1973 Jun 28, 2010 3:48 pm


Originally Posted by tom911 (Post 14209609)
If you want to retain your job, you are required to follow these written policies, correct? You, or your fellow employees, don't get to pick and choose which written policies to follow?

I have to follow my SOP. I know there are some out there who don't. But following my SOP is the fair and right thing to do not only for the passengers I see everyday, but it also keeps me out of trouble.

Scubatooth Jun 28, 2010 3:59 pm

Tom the immidiate reference i was referring to, was Nuremberg defense, i will have topull the other examples when I get done with this rendering process.

tom911 Jun 28, 2010 4:14 pm

My train of thought is that in this day and age, written procedures get reviewed at multiple levels, including legal departments, before they're implemented. I worked for two police departments that had thousands of pages of written policies, and they routinely went through several levels of command staff before heading down to the law department for additional review. Those policies were reviewed periodically and changed, sometimes due to court decisions (things like the taser policy or pursuit policy had changes over the years).

The TSA is a much bigger place than anywhere I worked. Surely they have layers in place to review any written policies they issue, as well as legal review, to make sure their written policies are within the law.

wildcatlh Jun 28, 2010 5:18 pm


Originally Posted by tom911 (Post 14209779)
My train of thought is that in this day and age, written procedures get reviewed at multiple levels, including legal departments, before they're implemented. I worked for two police departments that had thousands of pages of written policies, and they routinely went through several levels of command staff before heading down to the law department for additional review. Those policies were reviewed periodically and changed, sometimes due to court decisions (things like the taser policy or pursuit policy had changes over the years).

The TSA is a much bigger place than anywhere I worked. Surely they have layers in place to review any written policies they issue, as well as legal review, to make sure their written policies are within the law.

While they do have a lot of review... I'm not sure how effective it is. If it was as you claim, Fofana, among several other cases, wouldn't have happened, correct?

tom911 Jun 28, 2010 5:23 pm

I'm not familiar with that decision. Did it involve a written policy being introduced into court? Was it a written policy that TSA employees were instructed to follow?

SATTSO Jun 28, 2010 5:27 pm


Originally Posted by wildcatlh (Post 14210166)
While they do have a lot of review... I'm not sure how effective it is. If it was as you claim, Fofana, among several other cases, wouldn't have happened, correct?

You assume in fofana the TSO was following SOP? Why?

Tom M. Jun 28, 2010 5:36 pm


Originally Posted by SATTSO (Post 14210200)
You assume in fofana the TSO was following SOP? Why?

Are you saying the TSA went to court knowing the TSO involved violated SOP in that instance?


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