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Folks, let’s tone down the name-calling and finger-pointing a notch or two, OK?? This thread is interesting and I’d like to be able to keep it open.
Thanks for your cooperation. ________________________________ Cholula Travel Safety/Security Forum Moderator |
Originally Posted by LHR/MEL/Europe FF
I know security screening isn't perfect, but I'd rather have the TSA (even with the SSSSing) than security at a lot of other airports.
Same thing for CDG, where Richard Reid originated. Those two airports, for starters, are doing something that the US airports are not doing. Why can't the TSA start employing some of those measures? |
Originally Posted by Doppy
So if you report me for having $10,001 on me and it turns out I'm not breaking the law I can charge you with a crime?
I never said I was going to tell them your watch was stolen. I was going to tell them your watch might be stolen (it might be, how the hell do I know?), just like you'd tell the cops I might be doing something wrong by carrying around money. |
Originally Posted by eyecue
What if a screener opened a bag and found a human head? What then? Ignore it? I think not. IT is the same as cash. Both require more investigation to see if a crime is being committed.
Carrying cash is not the same because it is not a crime or even likely indicator of a crime. I might support the idea of a screener reporting someone carrying cash hidden in their socks/shoes because it is acting suspicious, but if a pax has a brick of cash in their briefcase/bag and is not doing anything else to raise eyebrows, they should be left alone. The stupidity of the cash reporting seizure rules amazes me, and it may concern me personally soon. Sometime in the next year I will be moving. When that happens, I will need to move my personal coin-collection and gold/silver-bullion coin collection. Somewhere between $4,000-$8,000 worth of coins depending on how you value them; nothing huge but enough to raise suspicion (or look valuable) to an untrained eye. If it weren't for the possibility of TSA going wacky, my first choice of how to move the collection would be on a flight in my carry-on bags (vs. mailing it registered to someone at my destination). But I'm concerned about doing that because some hero-wannabe screener might report me to a LEO. Jeesh. I'm not as extreme as some posters on this issue. If screeners see evidence of a crime in the course of a normal security search (weapons, material matching a police bulletin, human head, even drugs), then I think they should call a LEO. But I don't think TSA should be searching specifically for these items. And I really don't think they should be calling LEOs to report perfectly legal activity. I should think that there should be someone out there that is thankful for the fact that the property was returned and that there are two less bad guys out roaming around. I really hate it when criminals get off for reasons like this, but in this case I'll have to root for the defense and a reign-in on overzealous TSA internal-border-control checkpoints. |
Originally Posted by PatrickHenry1775
I think that Dovster was expressing the same concept that I advanced several days ago. TSA searches should be considered to be restricted in scope. Fourth Amendment jurisprudence is full of examples of searches that can start off as legal but cross a line. Because TSA screeners are agents of the government, if they cross that line, subsequent searches and evidence thereby obtained may be suppressed under the "fruit of the poisonous tree" doctrine. That is why criminal defense attorneys and judges earn the big bucks.
Finally, in my home state, the babe with the pipe and baggie could have been prosecuted. Possession of drug paraphernalia is a misdemeanor. If a lab test discloses residue of a constrolled substance on a pipe, the state has made a prima facie case. However, police and prosecutors have a great deal of discretion in deciding whether to charge a suspect. A miniskirt and nice rack could tip the scales. I don't disagree with your final point at all. I think the reality of the situation was that the airport LEO probably understood that this particular matter wouldn't warrant much interest from the San Antonio Police Department or district attorney's office based on previous experiences. I think that technically he probably could have pursued the matter but chose not to because there are other more urgent police matters than small traces of possible drug residue inside a baggie or on a pipe. We don't have to agree with how the police officer handled the situation, but I think we do agree that he has the authority to exercise this type of discretion. And that was my point to my screeners. |
Originally Posted by Bart
When TSA screeners search your bag, they are not conducting a search looking for criminal evidence. You have given consent to a security search which is aimed at looking for prohibited or restricted items. Once a screener encounters a situation that goes beyond the scope of a security search, and yes, large amounts of cash, drug paraphernalia are items specified by the SOP as reportable items, then a certified peace officer trained in evidentiary procedure and authorized to exercise law enforcement judgment is notified to either assume responsibility for the search or declare no law enforcement interest. TSA searches are restricted in scope as you point out. What I think you don't see or perhaps refuse to see is the legitimacy of notifying the appropriate authority who has the legal jurisdiction to resume the search but for criminal evidence as opposed to security prohibited items.
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Another ignorant rule
What if a passenger had $11,000 in Euro, Canadian, or even gold bullion? Waste of time.
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Originally Posted by whirledtraveler
I think that the thing that you don't see is that by notifying a LEO you have expanded the scope of the search. It doesn't matter whether you as a TSA employee conduct the search or not, the search's scope has been expanded beyond security purposes.
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Originally Posted by Bart
Indeed it has, and it is no longer a TSA search at this point. It is a police matter being handled by a duly sworn peace officer whose job it is to uphold the law.
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Originally Posted by eyecue
Wow. Why the cheap shots? Did this event impact you? The fact is that carrying over 10k in cash without declaring it for export is illegal. If TSA runs into that amount of money then they cannot ask the passenger where they are going with it. They cannot check to see if the passenger has a connecting flight out of the country. Therefore the LEO and ICE are called to continue the investigation. That is what happened here.
It it not TSA bussiness to look for procceds of a crime. If they by accident find some drugs or other proceeds the search should stop, and a law enforcement unit should be brought in asap. I have seen ppl carry as much as 2 million dollars across borders. As long as the right paper work is filled out. Who should care how much money you bring in or take out as long as it is not money laundring, My 2 cents :p |
Originally Posted by whirledtraveler
So (and I find it amazing that I have to walk you through this) the security search at checkpoints is in actuality a free-wheeling search not limited to airline security. In saner times, this would be seen as unreasonable seatch under the 4th amendment. In the meantime, we are left with people who think they are upholding the law of their country, but without any real understanding of what sort of country the law has created. Pretty sad.
Frankly, sir, you are beginning to bore me. |
Originally Posted by powerlifter
It it not TSA bussiness to look for procceds of a crime. If they by accident find some drugs or other proceeds the search should stop, and a law enforcement unit should be brought in asap.
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Originally Posted by Bart
That's exactly what happened, Ace.
Carrying money within it self is not a crime. It can not bring down a plane and it should not have been brought to the attention of Law Enforcement. Unless of course you were there to collect your $250.00 bounty. ^ |
Originally Posted by Bart
Frankly, sir, you are beginning to bore me.
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Originally Posted by studentff
Actually I'm more worried that these bad guys will get off on a technicality because a smart lawyer will argue the TSA shouldn't have reported the guys if the only suspicion TSA had was carrying cash. The sad thing is that left to legitimate means, smart law-enforcement might very well have caught the guys using good old-fashioned legal police work.
I really hate it when criminals get off for reasons like this, but in this case I'll have to root for the defense and a reign-in on overzealous TSA internal-border-control checkpoints. What that means for the defense I don't know, but the TSA seems to be off the hook for 'poisoned fruit' if the police initially released the suspect. Somehow learning (aka investigating) who was travelling with whom seems to be outside the remit of screeners though, I'd say. |
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