Srbright
DIS Veteran
- Joined
- Jul 4, 2012
- Messages
- 747
CPT Tripss said:But how would a cop know absent probable case?
The rules for probable cause for TSA agents are much much different than for police officers.
Stacy
CPT Tripss said:But how would a cop know absent probable case?
That's just crazy! I carry nitro and thankfully never had an issue at the airport. I would have raised holy heck on that one. What happens should someone need those at 35,000 feet. Hopefully it was an uninformed agent because I can't see them doing that when they are a medical necessary for some people. Very interesting though.
The rules for probable cause for TSA agents are much much different than for police officers.
Stacy
. http://www.washingtonpost.com/wp-dyn/content/article/2010/11/24/AR2010112404510.htmlAlthough the Supreme Court hasn't evaluated airport screening technology, lower courts have emphasized, as the U.S. Court of Appeals for the 9th Circuit ruled in 2007, that "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.' "
Most agents are uninformed. when you get the jerk just ask for a supervisor, keep asking until you get someone who has some sense(it may take a few levels of authority)., but don't get let them just bully you with the rule of the day they made up
CPT Tripss said:Oy! Airport Security Screeners are not Law Enforcement Officers. They are only authorized to conduct "administrative searches" for weapons, explosives and incendiaries.
. http://www.washingtonpost.com/wp-dyn/content/article/2010/11/24/AR2010112404510.html
You are correct. TSA agents aren't law enforcement officers. Which is why the rules for them searching are different than law enforcement.
Just the return trip from Amsterdam or a South American country known for smuggling can get you more up close to TSA and customs than you ever wanted to be. My return from key west was like that. They swabbed me and my suitcase for drugs. Then patted me down and took everything out of my suitcase and searched.
Stacy
CPT Tripss said:Never went through TSA in Amsterdam, nor did I deal with them after landing in the US on my returns.
TSA has no business searching for drugs. Not that they might not attempt to mission creep their way into that since so many people will allow them to do anything they want.
Are you sure. Which states? Please cite the law.
goofy4tink said:I do know of someone that was pulled over in the state of Mass. The officer suspected drunk driving and searched the car. There was also a bottle of prescription pain pills...for back spasms so pretty strong stuff....sitting in the storage area beside the seat. That little prescription made it to the warrent! It was, in fact, thrown out later since that person didn't contest the drunk driving issue. The court said there was no evidence that the driver was driving after taking one of the back spasm pills....just had them because he had been working hard and staying overnight.
So, better to not have that type of medication sitting there, next to you, when driving. Put them in a bag in the trunk.
Now, can we get back to the topic at hand?
What you believe they have business doing and what they are legally allowed to do are two different things. Even the ACLU added a section on what does/can happen at airports to their know your rights pamphlet.
Stacy
http://www.aclu.org/files/kyr/kyr_...=ShQdRRze01et4VQ0DOMhLg&bvm=bv.48705608,d.aWM
NEW YORK – Following a lawsuit filed by American Civil Liberties Union, the Transportation Security Administration (TSA) has revised its policies governing airline passenger screening to make clear that TSA agents are authorized to conduct searches related to safeguarding flight safety, not to engage in general law enforcement. Calling the policy changes a victory for civil liberties, the ACLU has moved to drop its lawsuit, originally filed in June on behalf of a traveler who was illegally detained and harassed by TSA agents at the airport.
In the lawsuit, Bierfeldt and the ACLU sought a court order requiring the TSA to bring its search policies into line with constitutional requirements for passenger privacy, arguing that passengers moving through pre-flight screening can only be subject to searches aimed at keeping weapons and explosives off airplanes. Bierfeldt’s experience proved that TSA searches had taken on a much broader scope.
The ACLU has moved to drop its lawsuit against the TSA because the agency’s new directives address the unconstitutional policies which the lawsuit challenged. Having reviewed the new policy directives, the ACLU believes that travelers will no longer be subject to the unconstitutional treatment Bierfeldt endured.
“While we have never challenged the TSA’s basic authority to conduct safety-related searches, our concern was that TSA interpreted its limited authority to safeguard air travel as a license to conduct unlimited law enforcement searches for which TSA agents are not trained and which distracted from the agency’s critical mission of ensuring flight safety,”said Larry Schwartztol, a staff attorney with the ACLU National Security Project. “By reinforcing the constitutionally mandated limits on the TSA’s search authority, the new directives enhance the TSA’s safety-related mission.”
I don't mean this to sound dumb OR snarky, as it could be taken either way, depending on how you read it.
But...are TSA agents highly trained to recognize each and every pill that exists?
Otherwise, how would they have any idea what you've got with you. I take OTC allergy medicines (generic claritin and sudafed - not the kind you have to go to the pharmacy window to get). I never take the original containers. In fact, I never even thought about it as they are non-prescription, non-controlled medications. I have a "day by day" pill container thingy (know what I'm talking about?) and I always take it in my carry-on. I've yet to have a TSA agent pull it out or question me or anything. I would be surprised if they could even tell what I've got inside the container without actually opening it.
Good point but I have watched cops too many times my new rule of thumb is 1 have the original contact and two have your drivers license with yiu to match pill bottles
I'm not sure what the "original contact" is, however, my name isn't on the original packaging as it's OTC as I mentioned.
First off, if you are entering a country (including the US), you are not dealing with TSA; you are dealing with Customs agents, and they ARE law enforcement officers, which American TSO's are not.
Second, as several people have mentioned, TSA has no jurisdiction and no authority re: drug smuggling activity with regard to pills. If they think that you are carrying drugs with the intent of selling them, they can certainly detain you briefly and call a LEO to speak with you, but they cannot arrest you themselves, and they cannot legally confiscate pills on their own. They simply do not have the legal authority to do so. Honestly, they have better uses for their time, so unless you are carrying a baggie with hundreds of pills in it, they are not going to bother.
Essentially, if you are carrying a supply for your own use for a limited-duration trip, then any way that you choose to carry them is fine, but I would advise NEVER putting medication of any kind in a checked bag if you plan on seeing it again. It attracts corrupt baggage handlers like catnip, and they won't stop to make sure that it is valuable when they take it, because that would take to much time. They will check out what it is later on, and toss it if it has no resale value.
Now, that said, when travelling it is always wise to carry copies of your prescriptions; your pharmacist can make you a printout (if you use mail-order you can usually do one yourself via the website.) The primary reason for this is medical emergencies: if you end up in an ER they will need to know what you take, and you may not be in a condition to tell them. The info will also be needed if you need an emergency refill if meds are somehow lost or stolen. (And yes, it serves as proof of legitimate use if for some reason you have a run-in with the law.)
I am not i am going from FL to CT
tinkerbellandeeyor said:I am not i am going from FL to CT
Actually OP,
I have searched the thread and cannot seem to find it...
You do not specify your mode of travel. I think is assumed you are flying but I am getting the impression you are driving.
tinkerbellandeeyor said:Pops sooty next time I will try to make it more clear and I will try to be more polite in the future