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-   -   Logiic Optional (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1201730-logiic-optional.html)

LuvAirFrance Apr 4, 2011 2:53 am

Logiic Optional
 
People of TSA or who support the operations don't seem capable of logic. Here's my question: If TSA had to go to court to get a warrant for the searches they are doing right now, what is the likelihood a judge would give them the warrant. Whree is the "probable cause" in any of these searches? Evidence is routinely thrown out of court for lack of it, yet TSA has ZERO probable cause for its searches and yet they search anyway. Which means they make a mockery out of our laws, which are in place to protect citizens from fishing expeditions.

The cliche about the Muslim world is "they hate our freedoms". Truth is that TSA is the global LEADER in hating our freedoms.

Pluma Apr 4, 2011 6:45 am

And combined with unlawfully detaining people, and unlawful confiscation of property, and invasion of privacy, and interrogation without affording Miranda rights, all add up to just how UNAmerican the TSA truly is. Land of the FREE, my A$$.

Boggie Dog Apr 4, 2011 7:03 am


Originally Posted by Pluma (Post 16156203)
And combined with unlawfully detaining people, and unlawful confiscation of property, and invasion of privacy, and interrogation without affording Miranda rights, all add up to just how UNAmerican the TSA truly is. Land of the FREE, my A$$.

You left out the sexual assaults that TSA calls pat downs.

FlyingUnderTheRadar Apr 4, 2011 8:52 am

The question is moot as all of that applies to a criminal search. Go back to the basics: administrative search.

The above is not to say aspects of a criminal search do not come into play but one needs to ask the right questions otherwise it is a moot exercise.

nachtnebel Apr 4, 2011 10:31 am


Originally Posted by FlyingUnderTheRadar (Post 16156873)
The question is moot as all of that applies to a criminal search. Go back to the basics: administrative search.

The above is not to say aspects of a criminal search do not come into play but one needs to ask the right questions otherwise it is a moot exercise.

If you're going back to the basics on administrative search wrt the more recently concluded federal cases, do a search on PTravel's posts. The indication from PTravel is that the current scope and grope exceed the guidelines in current case law. But go read those posts for yourself.

Pluma Apr 4, 2011 11:16 am


Originally Posted by FlyingUnderTheRadar (Post 16156873)
The question is moot as all of that applies to a criminal search. Go back to the basics: administrative search.

The above is not to say aspects of a criminal search do not come into play but one needs to ask the right questions otherwise it is a moot exercise.

It boils down to a criminal search. The TSA is being used as an extension of law enforcement officers to conduct searches beyond their mandate. When TSA searches for drugs, fake ID's, cash, and anything other than weapons, explosives and incendiaries, it becomes a criminal search.

Lets call it what it is. When a TSA clerk asks you about the cash you are carrying, it has nothing to do with security, it is a fishing expedition that may lead to criminal charges. When TSA suspects you have illegal drugs, and conducts further searches to verify that in fact you do have illegal drugs, than that to me is a criminal search.

The TSA can conduct these searches with immunity as they are not LEO's and are not bound by laws that are in place for criminal searches. So the TSA has the power to conduct criminal searches right up to the point where they call a LEO to make the arrest.

LuvAirFrance Apr 4, 2011 12:09 pm


Originally Posted by FlyingUnderTheRadar (Post 16156873)
The question is moot as all of that applies to a criminal search. Go back to the basics: administrative search.

The above is not to say aspects of a criminal search do not come into play but one needs to ask the right questions otherwise it is a moot exercise.

There you are. Change the label. Then toss the Bill of Rights in the garbage.

Fantastic.

:rolleyes:

Combat Medic Apr 4, 2011 2:00 pm


Originally Posted by FlyingUnderTheRadar (Post 16156873)
The question is moot as all of that applies to a criminal search. Go back to the basics: administrative search.

The above is not to say aspects of a criminal search do not come into play but one needs to ask the right questions otherwise it is a moot exercise.

Would you be kind enough to point out the words 'administrative search' in the Constitution?

JObeth66 Apr 4, 2011 5:27 pm

An administrative search by law can be NO MORE invasive than necessary to meet its goal. The stated goal of the TSA is to find WEI. Both the Nude-o-Scope and grope-a-citizen are far more invasive than necessary to detect WEI.

Asking how much cash you are carrying has nothing to do with WEI and therefore a TSO requiring you to respond to that question before allowing you to proceed into the gate area has exceeded their authority.


A particular airport security screening search is constitutionally reasonable provided that it “is no more extensive nor intensive than necessary, in the light of current technology, to detect the presence of weapons or explosives [ ] [and] that it is confined in good faith to that purpose.” Davis, 482 F.2d at 913


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