What are my rights in the security area?
#1
Original Poster
Join Date: Nov 2004
Location: Los Angeles, CA; Philadelphia, PA
Programs: OZ Diamond
Posts: 6,134
What are my rights in the security area?
I didn't find a consolidated source of pax' rights while in the security area and I thought it would be helpful to know what they are, especially when the screeners bark instructions at me. So, here is my list of questions.
1. When I get "pulled" to a line going to the body scanner after I choose the one going to the metal detector, can I insist to stay in the same line??
2. Before a pat-down, am I allowed to obtain the screener's full name, batch number, etc.? Also, can they refuse to provide such info?
3. During a pat-down, am I allowed to photograph/videotape the process of a family member?
4. Am I required to provide any identifying info after the initial ID check?
Anything else I should be aware of? TIA.
LAX
1. When I get "pulled" to a line going to the body scanner after I choose the one going to the metal detector, can I insist to stay in the same line??
2. Before a pat-down, am I allowed to obtain the screener's full name, batch number, etc.? Also, can they refuse to provide such info?
3. During a pat-down, am I allowed to photograph/videotape the process of a family member?
4. Am I required to provide any identifying info after the initial ID check?
Anything else I should be aware of? TIA.
LAX
#3
Join Date: Dec 2009
Location: New York, NY
Programs: AA Gold. UA Silver, Marriott Gold, Hilton Diamond, Hyatt (Lifetime Diamond downgraded to Explorist)
Posts: 6,776
1. once you enter the area you "agree" to follow their rules and follow their directions. just like on a plane the pilot and FA give you directions you are to follow.
2. You can ask. if they refuse ask for a supervisor. but be polite. Asking for first name, last initial and badge number should suffice.
3. I've been told you cannot so that security procedures can't be studied to find flows the "terrorists" could use towards their advantage.
4. yes you have to provide your ID whenever TSA asks. I've been asked numerous times in terminal and at gate.
2. You can ask. if they refuse ask for a supervisor. but be polite. Asking for first name, last initial and badge number should suffice.
3. I've been told you cannot so that security procedures can't be studied to find flows the "terrorists" could use towards their advantage.
4. yes you have to provide your ID whenever TSA asks. I've been asked numerous times in terminal and at gate.
#4
FlyerTalk Evangelist
Join Date: Jan 2005
Location: BWI
Programs: AA Gold, HH Diamond, National Emerald Executive, TSA Disparager Gold
Posts: 15,180
1. once you enter the area you "agree" to follow their rules and follow their directions. just like on a plane the pilot and FA give you directions you are to follow.
2. You can ask. if they refuse ask for a supervisor. but be polite. Asking for first name, last initial and badge number should suffice.
3. I've been told you cannot so that security procedures can't be studied to find flows the "terrorists" could use towards their advantage.
4. yes you have to provide your ID whenever TSA asks. I've been asked numerous times in terminal and at gate.
2. You can ask. if they refuse ask for a supervisor. but be polite. Asking for first name, last initial and badge number should suffice.
3. I've been told you cannot so that security procedures can't be studied to find flows the "terrorists" could use towards their advantage.
4. yes you have to provide your ID whenever TSA asks. I've been asked numerous times in terminal and at gate.
Many people have successfully told TSA to pound sand when TSA carded them for asking for a complaint form.
#6
Join Date: Dec 2009
Location: New York, NY
Programs: AA Gold. UA Silver, Marriott Gold, Hilton Diamond, Hyatt (Lifetime Diamond downgraded to Explorist)
Posts: 6,776
combo of what i've read(legal & issued info not news articles) and been told by TSA people/security consultants. I've had plenty of fun run ins with TSA and they've tried to push me around. I just remain polite until they push too far. I've been lucky to have met some people that if i get into a bad situation I know who to contact.
#7
Original Poster
Join Date: Nov 2004
Location: Los Angeles, CA; Philadelphia, PA
Programs: OZ Diamond
Posts: 6,134
I am really interested in rights that I can reference to. You see, if I am asked to provide ID so that they can blacklist me, I would rather not if I am NOT legally required to. Same with photographing/videotaping. Who knows, that can become valuable evidence in courts?!
LAX
LAX
#8
FlyerTalk Evangelist
Join Date: Apr 2009
Location: Bye Delta
Programs: AA EXP, HH Diamond, IHG Plat, Hyatt Plat, Marriott Plat, Nat'l Exec Elite, Avis Presidents Club
Posts: 16,273
I didn't find a consolidated source of pax' rights while in the security area and I thought it would be helpful to know what they are, especially when the screeners bark instructions at me. So, here is my list of questions.
1. When I get "pulled" to a line going to the body scanner after I choose the one going to the metal detector, can I insist to stay in the same line??
2. Before a pat-down, am I allowed to obtain the screener's full name, batch number, etc.? Also, can they refuse to provide such info?
3. During a pat-down, am I allowed to photograph/videotape the process of a family member?
4. Am I required to provide any identifying info after the initial ID check?
Anything else I should be aware of? TIA.
LAX
1. When I get "pulled" to a line going to the body scanner after I choose the one going to the metal detector, can I insist to stay in the same line??
2. Before a pat-down, am I allowed to obtain the screener's full name, batch number, etc.? Also, can they refuse to provide such info?
3. During a pat-down, am I allowed to photograph/videotape the process of a family member?
4. Am I required to provide any identifying info after the initial ID check?
Anything else I should be aware of? TIA.
LAX
2. TSA should identify themselves if you request.
3. You are absolutely allowed to photograph or videotape the security checkpoint or any part of the screening process as long as you are not interfering with the screening process itself. TSA may not confiscate or destroy your equipment, though someone (whether it be TSA or a LEO) will likely try to badger you into turning it off or deleting the files. The one exception is the screens of the AIT machines - these may not be photographed or videotaped.
4. Not sure.
#9
Join Date: Apr 2010
Posts: 88
Unfortunately (and I'm assuming you're asking this question for real), you want to be realistic. Have a valid form of ID with you (driver's license or passport, read about the pro's and con's of each here on flyertalk). The TSA has definitely gotten the courts to agree that it's some form of "law enforcement," (a new form without constitutional limits?)
Good luck with photos and video. I myself am applying for journalist's credentials through LAPD (not as easy as it sounds, despite the fact that I am a graduate of a nationally recognized school of mass media and have published several articles in journals and papers). But, journalists have been banned/restricted/impounded from taking photos or videos, so be prepared to go to jail if you insist on taking them (frankly, I think you will be apprehended if you try - that means you should weight it out).
You can be asked to provide anything at all, if TSA decides to call in its cousin, Law Enforcement. Probable cause.
AST is right: you will not be advised of your Miranda rights in the airport scenario.
What everyone else has said is accurate, I'm just chiming in. To answer your questions more specifically,
1) No you cannot insist to stay in the same line, you will lose that battle and unless you are trying to do maximum civil disobedience, just forget it.
2) If you have been selected for secondary screening (post backscatter), there's no harm in trying to get the screenér's name and address; you're probably going into some computer database anyway, but they don't have the personpower to keep track of all of us - but if you do this routinely, expect to show up on a No Fly list;
3) No, you will not be allowed to photograph a patdown (despite the Constitution). You will have your device confiscated or undergo retaliatory detainment. You could try (I have credentials, I'm reluctant to try, given what's been going on).
4) You can be asked/required to provide your identification again during secondary screening, it's probably not legal, but you have to decide how much hassle you want.
HTH.
Good luck with photos and video. I myself am applying for journalist's credentials through LAPD (not as easy as it sounds, despite the fact that I am a graduate of a nationally recognized school of mass media and have published several articles in journals and papers). But, journalists have been banned/restricted/impounded from taking photos or videos, so be prepared to go to jail if you insist on taking them (frankly, I think you will be apprehended if you try - that means you should weight it out).
You can be asked to provide anything at all, if TSA decides to call in its cousin, Law Enforcement. Probable cause.
AST is right: you will not be advised of your Miranda rights in the airport scenario.
What everyone else has said is accurate, I'm just chiming in. To answer your questions more specifically,
1) No you cannot insist to stay in the same line, you will lose that battle and unless you are trying to do maximum civil disobedience, just forget it.
2) If you have been selected for secondary screening (post backscatter), there's no harm in trying to get the screenér's name and address; you're probably going into some computer database anyway, but they don't have the personpower to keep track of all of us - but if you do this routinely, expect to show up on a No Fly list;
3) No, you will not be allowed to photograph a patdown (despite the Constitution). You will have your device confiscated or undergo retaliatory detainment. You could try (I have credentials, I'm reluctant to try, given what's been going on).
4) You can be asked/required to provide your identification again during secondary screening, it's probably not legal, but you have to decide how much hassle you want.
HTH.
#10
Original Poster
Join Date: Nov 2004
Location: Los Angeles, CA; Philadelphia, PA
Programs: OZ Diamond
Posts: 6,134
Thanks to all with valuable advice. It sounds like I am pretty much "forced" to roll over and play "dead puppy" when I enter the security area!
I don't mind hassles at all as long as it doesn't land me in jail. I just can't believe we are essentially rendered powerless before the TSA. I guess I really should reduce air travel to essential trips only (pretty difficult to go coast to coast on other modes of transportation, not to mention countries outside of North America).
LAX
I don't mind hassles at all as long as it doesn't land me in jail. I just can't believe we are essentially rendered powerless before the TSA. I guess I really should reduce air travel to essential trips only (pretty difficult to go coast to coast on other modes of transportation, not to mention countries outside of North America).
LAX
#12
Join Date: Feb 2006
Location: DTW
Programs: DL 0.22 MM, AA 0.34 MM, PC Plat Amb, Hertz #1 GC 5*
Posts: 7,511
Thanks to all with valuable advice. It sounds like I am pretty much "forced" to roll over and play "dead puppy" when I enter the security area!
I don't mind hassles at all as long as it doesn't land me in jail. I just can't believe we are essentially rendered powerless before the TSA. I guess I really should reduce air travel to essential trips only (pretty difficult to go coast to coast on other modes of transportation, not to mention countries outside of North America).
LAX
I don't mind hassles at all as long as it doesn't land me in jail. I just can't believe we are essentially rendered powerless before the TSA. I guess I really should reduce air travel to essential trips only (pretty difficult to go coast to coast on other modes of transportation, not to mention countries outside of North America).
LAX
Sense of powerlessness is usually functional to sense of urgency/need. If you need to be somewhere urgently, you hold no cards. If you can just walk away, and are educated, you hold just about all the cards.
FT... educating American flyers, one flyer at a time.
#13
Join Date: Mar 2009
Posts: 1,972
Nobody knows what they are because there have been few court cases in this area so far and many of those don't apply anymore given recent changes. So the best answers are nothing more than guesses.