2 ms·

Your mileage may vary, but it sounds to me like he was claiming his constitutional rights... "Am I being detained? Am I free to go?" seems to be a key-phrase of

by swombat 16y ago

Your mileage may vary, but it sounds to me like he was claiming his constitutional rights... "Am I being detained? Am I free to go?" seems to be a key-phrase of people who know their rights when faced with police officers. That, and verbally not consenting to any search - your person is also protected by constitutional rights, afaik. (note: I'm not American, I may be wrong)

acabal 16y ago
I think that Customs may detain you at a border--they have more leeway in the Constitution for border searches iirc. That's what I'm confused about now, because with each new insane agency that gets created and each new law that alters and amends old law, it's hard for a non-lawyer to get a clear picture of exactly what is and what isn't a right. And if I have the free time upon landing and no flight to catch, I don't want to give TSA an inch. Edit: here's the Wikipedia article: http://en.wikipedia.org/wiki/Border_search_exception http://en.wikipedia.org/wiki/Border_search_exception It says that "reasonable" searches, i.e. property searches, can be conducted without warrant by Customs officers at the border. "Unreasonable" searches like x-ray, pat-downs, and strip searches require a warrant. But is TSA allowed to do this as well, or only Customs agents?
- jacquesm 16y ago
  The TSA is not customs.
  - stcredzero 16y ago
    Unfortunately, this is vulnerable to a bit of bureaucratic sleight of hand. I say we hold it against the politicians who aid and abet such shenanigans.
dpatru 16y ago
The Fourth Amendment to the Constitution restricts government's ability to seizure people. A person is seized when a reasonable person in that situation would feel that they are not free to leave. Normally, seizure requires a warrant, but there are exceptions, all of which I think require that the seizing officer have probable cause that a crime has been committed and the person who committed the crime is the one being seized. By asking the police officer if he was free to go, the traveler was triggering this kind of analysis in the officer's head. The officer knows that he cannot seize without probable cause. He can probably temporarily detain the traveler while the TSA investigate the situation, but ultimately, if there's no probable cause, the traveler must be allowed to leave.

by swombat 16y ago

acabal 16y ago

I think that Customs may detain you at a border--they have more leeway in the Constitution for border searches iirc. That's what I'm confused about now, because with each new insane agency that gets created and each new law that alters and amends old law, it's hard for a non-lawyer to get a clear picture of exactly what is and what isn't a right. And if I have the free time upon landing and no flight to catch, I don't want to give TSA an inch. Edit: here's the Wikipedia article: http://en.wikipedia.org/wiki/Border_search_exception http://en.wikipedia.org/wiki/Border_search_exception It says that "reasonable" searches, i.e. property searches, can be conducted without warrant by Customs officers at the border. "Unreasonable" searches like x-ray, pat-downs, and strip searches require a warrant. But is TSA allowed to do this as well, or only Customs agents?

jacquesm 16y ago
The TSA is not customs.
- stcredzero 16y ago
  Unfortunately, this is vulnerable to a bit of bureaucratic sleight of hand. I say we hold it against the politicians who aid and abet such shenanigans.

dpatru 16y ago

The Fourth Amendment to the Constitution restricts government's ability to seizure people. A person is seized when a reasonable person in that situation would feel that they are not free to leave. Normally, seizure requires a warrant, but there are exceptions, all of which I think require that the seizing officer have probable cause that a crime has been committed and the person who committed the crime is the one being seized. By asking the police officer if he was free to go, the traveler was triggering this kind of analysis in the officer's head. The officer knows that he cannot seize without probable cause. He can probably temporarily detain the traveler while the TSA investigate the situation, but ultimately, if there's no probable cause, the traveler must be allowed to leave.