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-   -   TSA "enhancement" (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/676542-tsa-enhancement.html)

Superguy Mar 29, 2007 1:40 pm


Originally Posted by DCAstudent (Post 7492292)
This is incorrect... "Administrative searches" (such as this one) are allowed without warrant as long as the search falls under a general regulatory scheme and the scheme is broadly targeted (i.e. at all airlines, or all aircraft, whether than at a black list).

Seems like a broad end run around the 4th Amendment to me.

That's like saying that cops could enter any house (because all are targeted) doing an administrative search for drugs.

vasantn Mar 29, 2007 1:48 pm


Originally Posted by LessO2 (Post 7491713)
Being an FO, you obviously talk to more crew than I ever will.

I believe FO stands for Silver Medallion (long story why) and not First Officer. :)

law dawg Mar 29, 2007 2:02 pm


Originally Posted by Superguy (Post 7492041)
Let's change this so you can here how bad this sounds:

While it is always better to get approval in the interest of "getting along" US security concerns would trump private ownership of your house.

Do you think that would fly with regards to the 4th amendment without probable cause and/or a search warrant?

If the US deemed your house a security threat and wanted in, they'd have to make a good case for barging in or show up with a warrant. Why is a plane any different?

Is there a national security concern with my home? No.

Is there with civilian aviation? Yes.

That is the difference. Otherwise we would have no screening at all. It would be left 100% up to the airline businesses to have or not have screening, as they see fit.

I'm going to do some checking but it is still my understanding that authorized agents can go on a commercial (not private) plane as needed to do security checks, etc.

MikeMpls Mar 29, 2007 2:25 pm


Originally Posted by DCAstudent (Post 7492292)
This is incorrect... "Administrative searches" (such as this one) are allowed without warrant as long as the search falls under a general regulatory scheme and the scheme is broadly targeted (i.e. at all airlines, or all aircraft, whether than at a black list).

That would only apply to the FAA. It's not a blanket authority for any law enforcement or security agency who happens to have "air" somewhere in their name or self-written mission statement to conduct warrantless searches.

In the case of the FAA, an airline would still be within its rights to refuse them entry. The FAA would then respond by suspending or revoking registrations or operating certificates pending resolution of the matter. It would the ultimate example of "Do you want to fly today?"

Airlines are unlikely to deny legitimate law enforcement access. But expecting them to subject their aircraft operations to the whims of unqualified TSA employees with cloth badges and a G.E.D. is a bit of a stretch.

knotyeagle Mar 29, 2007 3:05 pm


Originally Posted by law dawg (Post 7492493)
Is there a national security concern with my home? No.

Is there with civilian aviation? Yes.

That is the difference. Otherwise we would have no screening at all. It would be left 100% up to the airline businesses to have or not have screening, as they see fit.

I'm going to do some checking but it is still my understanding that authorized agents can go on a commercial (not private) plane as needed to do security checks, etc.

I'll be on a private aircraft out of Fort Lauderdale tomorrow. Please come by and see if your authority can extend to part 91 aircraft. I look forward to it.

law dawg Mar 29, 2007 4:17 pm


Originally Posted by knotyeagle (Post 7492861)
I'll be on a private aircraft out of Fort Lauderdale tomorrow. Please come by and see if your authority can extend to part 91 aircraft. I look forward to it.

Did I ever claim I had any such authority?

Did I ever claim private planes were subjected to such measures as well? I believe I have only claimed it as applies to commercial aviation, ie- where there is a substantial national security interest.

Hope your day gets better and your surly mood improves....:D

knotyeagle Mar 29, 2007 4:28 pm


Originally Posted by law dawg (Post 7493336)
Did I ever claim I had any such authority?

Did I ever claim private planes were subjected to such measures as well? I believe I have only claimed it as applies to commercial aviation, ie- where there is a substantial national security interest.

Hope your day gets better and your surly mood improves....:D

Your quote at 10:47 eastern


Called a FAM friend and here's what his credentials say,

"...have unimpeded access to transportation facilities; buildings; lands; areas; sites; aircraft; vessels and vehicles in the performance of official duties in accordance with applicable laws and regulations."
Having a FAM friend is not the same as you having the same commissioned authority, but since your comments earlier where about a "national security issue with civil aviation", I'm suggesting you find out how "civil" an aircraft operator can be with you.

And that especially goes for any TSA screener who would like find prohibited items on a private aircraft or crew member.

I don't think my postings are quite as anonymous as yours. Anytime you want to post your real name go right ahead. You should be able to find out the limits of search of private aircraft very quickly.

edit at 19:01 eastern

In my declining years I forgot to mention something else. More than likely the next Bastille Day this century is going to have its opening ceremony at TSA checkpoint. The peasants can't be counted on to behave like peasants forever. I hope to be there to take pictures.

DL4EVR Mar 29, 2007 5:35 pm


Originally Posted by bocastephen (Post 7491732)
Let me quantify...'rah rah' in public...putting on happy face in public, complying with TSA directives and following instructions.

There aren't many crew members I know of who get 'into it' with the TSA in public while on duty - although perhaps that will change soon.

I don't personally know any who have truly had it out with a screener, but I have a f/a friend who told me a story about a colleague of hers who almost got fired because one day she totally went off on a screener. He obviously got on her last nerve...

bocastephen Mar 29, 2007 9:11 pm


Originally Posted by DL4EVR (Post 7493740)
I don't personally know any who have truly had it out with a screener, but I have a f/a friend who told me a story about a colleague of hers who almost got fired because one day she totally went off on a screener. He obviously got on her last nerve...

Why would her altercation with a TSA screener affect her job status in any way?

DCAstudent Mar 29, 2007 9:46 pm


Originally Posted by Superguy (Post 7492385)
Seems like a broad end run around the 4th Amendment to me.

That's like saying that cops could enter any house (because all are targeted) doing an administrative search for drugs.

Actually, no, a search for evidence or contraband would not be an administrative search.

The leading cases on admin. searches are:
Camara v. Muncipal Court, 387 U.S. 523 (1967)
See v. City of Seattle, 387 U.S. 541 (1967)
New York v. Burger, 482 U.S. 691 (1987)

Burger is the most helpful of the Supreme Court cases in that it laid out a three-part test to determine when an administrative search qualified as an exception to the Warrant Clause:
(1) there is substantial gov’t interest;
(2) warrantless inspection is necessary to further the regulatory scheme;
(3) the regularity of the program provides an adequate substitution for the safeguards supplied by a warrant.

DL4EVR Mar 30, 2007 6:13 am


Originally Posted by bocastephen (Post 7494840)
Why would her altercation with a TSA screener affect her job status in any way?

I never got into the exact details with her...but who knows what type of power the TSA tries to have over the airlines. I'm seeing this flight attendant next week, so I'll try and find out :)


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