Grounds for search AFTER the checkpoint
Dec 8, 2010 | 9:14 am
#1
Original Poster
Join Date: Dec 2010
Posts: 962
Grounds for search AFTER the checkpoint
... what are they?
I can see:
1. administrative search, carried out by TSA or cops, limited exclusively to the minimum necessary to detect weapons or explosives, because they have reason to believe they may have missed something at the checkpoint
2. US territory entry/exit search, carried out by CBP, to do whatever the hell they want
3. police search, carried out by cops, in the usual Terry stop / incident to arrest / consensual trichotomy that applies outside of airports
Is there something else?
I can see:
1. administrative search, carried out by TSA or cops, limited exclusively to the minimum necessary to detect weapons or explosives, because they have reason to believe they may have missed something at the checkpoint
2. US territory entry/exit search, carried out by CBP, to do whatever the hell they want
3. police search, carried out by cops, in the usual Terry stop / incident to arrest / consensual trichotomy that applies outside of airports
Is there something else?
Dec 10, 2010 | 11:24 am
#5
Join Date: Feb 2010
Posts: 1,347
... what are they?
I can see:
1. administrative search, carried out by TSA or cops, limited exclusively to the minimum necessary to detect weapons or explosives, because they have reason to believe they may have missed something at the checkpoint
2. US territory entry/exit search, carried out by CBP, to do whatever the hell they want
3. police search, carried out by cops, in the usual Terry stop / incident to arrest / consensual trichotomy that applies outside of airports
Is there something else?
I can see:
1. administrative search, carried out by TSA or cops, limited exclusively to the minimum necessary to detect weapons or explosives, because they have reason to believe they may have missed something at the checkpoint
2. US territory entry/exit search, carried out by CBP, to do whatever the hell they want
3. police search, carried out by cops, in the usual Terry stop / incident to arrest / consensual trichotomy that applies outside of airports
Is there something else?
FB
Dec 10, 2010 | 11:52 am
#6
Join Date: Feb 2006
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I verbalize my understanding of the sterile area in that you are allowed to have an administrative search performed on you or your items at any time, whether attempting to enter the sterile area (checkpoint), or being in the sterile area (airside). This includes random pat-downs, bag searches, explosives testing, gate searches, and any other searches they wish to do, all performed by the TSA.
Everything that takes place at the checkpoint can be performed on you at any time, any place, in any way, and probably some things we never imagined, once you choose to be in the sterile area. It's a different world in there, then most pax are used to.
Everything that takes place at the checkpoint can be performed on you at any time, any place, in any way, and probably some things we never imagined, once you choose to be in the sterile area. It's a different world in there, then most pax are used to.
Dec 10, 2010 | 12:08 pm
#7
Join Date: Aug 2008
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I verbalize my understanding of the sterile area in that you are allowed to have an administrative search performed on you or your items at any time, whether attempting to enter the sterile area (checkpoint), or being in the sterile area (airside). This includes random pat-downs, bag searches, explosives testing, gate searches, and any other searches they wish to do, all performed by the TSA.
Dec 10, 2010 | 12:31 pm
#8
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Which has always begged the question, if you are screened when you enter 'sterile' and all goods and workers are supposedly screened (whether via machines or background checks), then aren't these searches tantamount to admission by the TSA that their primary screening is excessively flawed?
I wouldn't say "excessively". Yet enough to start the debate.
There's a defense for refusing a gate search. "you are hence admitting that your checkpoint security is inadequate, which makes me feel unsafe enough to decide not to fly. you may not search me, I'm leaving now, go find an LEO to escort me out".
Dec 10, 2010 | 12:44 pm
#9
Join Date: Jul 2003
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Like so many things about the TSA (possibly everything) it needs to be argued in a court. Unless it already has been and I missed it.
Dec 10, 2010 | 1:12 pm
#10
Suspended
Join Date: Sep 2007
Posts: 436
A Terry search inside the sterile area would be almost impossible to justify. An officer can only perform a Terry search if he has some reason to suspect that you are armed. I'd replace 3 with "probable cause by an LEO."
--Jon
____________________________________
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____________________________________
My lawsuit against the TSA:
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Dec 10, 2010 | 1:31 pm
#12
Join Date: Mar 2010
Posts: 136
In Florida v. J.L. (2000), the Supreme Court suggested in dicta that an anonymous tip of a person with a firearm in a school or in an airport, or a person carrying a bomb would be sufficient to conduct a Terry Stop and Frisk.
A Terry search inside the sterile area would be almost impossible to justify. An officer can only perform a Terry search if he has some reason to suspect that you are armed. I'd replace 3 with "probable cause by an LEO."
Dec 10, 2010 | 5:59 pm
#13
Join Date: Jul 2003
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Screeners do not have the power to perform a Terry stop.
Dec 11, 2010 | 4:56 am
#15
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Yet I interpret the rules to say that TSOs may perform an administrative search on a pax at any time, on any one, in any way, while inside the sterile area. Hence, gate pat-downs. And anything they find that's felonious would be forwarded to an LEO.