Are TSA searches at airports mandatory or voluntary before boarding?

[Dillon]

What is the name of your state (only U.S. law)? resident of California

when traveling with disabled children at airports, Id like to legally avoid them being searched, as it is very hard on them. they dont understand what is happening.

can i legally get a waiver for them to not be searched?

thanks for any help.

P.S. I dont trust those screening machines

 

[Zigner]

What is the name of your state (only U.S. law)? resident of California

when traveling with disabled children at airports, I like to legally avoid them being searched, as it is very hard on them. they dont understand what is happening.

thanks for any help.

You aren't getting on the airplane without complying with their requirements. It's really that simple.

 

[eerelations]

Dillon why on earth do you keep coming back here? You hate this site and all the responders here, and you're convinced we know nothing whatsoever about any kind of law - and yet you keep coming back here with more questions for us. Why?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? resident of California

when traveling with disabled children at airports, Id like to legally avoid them being searched, as it is very hard on them. they dont understand what is happening.

can i legally get a waiver for them to not be searched?

thanks for any help.

Sure. Buy your own plane.

 

[Just Blue]

What is the name of your state (only U.S. law)? resident of California

when traveling with disabled children at airports, Id like to legally avoid them being searched, as it is very hard on them. they dont understand what is happening.

can i legally get a waiver for them to not be searched?

thanks for any help.

Travel by auto. Or not at all to avoid the "hardship" of TSA searches.

 

[Proserpina]

And let's put the inevitable yell of "Constitutional Rights" back to bed before it even wakes up shall we?

Not a Constitutional matter. At all.

 

[Just Blue]

And let's put the inevitable yell of "Constitutional Rights" back to bed before it even wakes up shall we?

Not a Constitutional matter. At all.

Geesh...Would that be due to Air Travel being a privilege and not a "right"???

 

[CdwJava]

Yeesh ... my kids have traveled by air quite a bit since 9/11 and it really has not been traumatizing. It's annoying to wait in long lines and try and get little kids' shoes off and then hustle them through, keep together, and get all your things back at the other end, but other than it being an inconvenience it is hardly traumatizing.

Dillon, if you want to get on the plane, you are subject to search - whatever it might entail ... usually nothing more than walking through a machine. If you do not like the "trauma" of the TSA checkpoints, drive or take the train.

 

[tranquility]

Yeesh ... my kids have traveled by air quite a bit since 9/11 and it really has not been traumatizing. It's annoying to wait in long lines and try and get little kids' shoes off and then hustle them through, keep together, and get all your things back at the other end, but other than it being an inconvenience it is hardly traumatizing.

Dillon, if you want to get on the plane, you are subject to search - whatever it might entail ... usually nothing more than walking through a machine. If you do not like the "trauma" of the TSA checkpoints, drive or take the train.

Um....
http://www.infowars.com/tsa-conduct-random-checks-at-austin-train-station/
http://theintelhub.com/2013/01/18/tactical-tsa-viper-team-sets-up-at-california-train-station/
http://www.cnn.com/2012/02/06/opinion/don-phillips-tsa-vipr-teams

 

[quincy]

A journalist I know has covered several wars, including the Vietnam War. He said one of the warnings he received before entering Vietnam was that he should not trust the little children he encountered. These children could be carrying weapons. Children were routinely trained to use these weapons against American soldiers.

So, while no one enjoys the TSA pat downs or searches, and we are often upset by the tears of the children at the TSA check points (especially, perhaps, when these children are in wheelchairs like the story recently reported on), children like adults are required to undergo these pat downs and searches. As a country we have agreed to accept this infringement on our rights as a condition of traveling, and as a necessary tool to protect us when traveling.

Dillon, you can request a private screening room for the children. That may be less stressful for them.



(Oops, sorry Pro and Blue Meanie. I mentioned "rights." )

 

[cbg]

Does anyone else find the picture of Dillon traveling with disabled children a bit - well, let's be polite and say, unlikely?

 

[tranquility]

We "agreed" to no such thing. The courts have held it is not an infringement as airport screening searches are constitutionally reasonable administrative searches because they are "conducted as part of a general regulatory scheme in furtherance of an administrative purpose". In other words, they are not a search which is "unreasonable" and not prohibited by the 4th amendment. United States v. Hartwell, 436 F.3d 174, 178 (3d Cir.), cert. denied, 127 S. Ct. 111 (2006)[Other circuits as well, but at least this cite has some of the Supremes involved.]

 

[quincy]

We "agreed" to no such thing. The courts have held it is not an infringement as airport screening searches are constitutionally reasonable administrative searches because they are "conducted as part of a general regulatory scheme in furtherance of an administrative purpose". In other words, they are not a search which is "unreasonable" and not prohibited by the 4th amendment. United States v. Hartwell, 436 F.3d 174, 178 (3d Cir.), cert. denied, 127 S. Ct. 111 (2006)[Other circuits as well, but at least this cite has some of the Supremes involved.]

We agree to having strangers pat us down, tranquility, every time we travel by plane and undergo a search before boarding. I did not say it was an unreasonable or unconstitutional infringement on our rights - but it is an infringement on our rights. We have agreed, as a country, that if we choose to travel by plane, other rights will take precedence over our personal rights.

And, cbg, I have been trying to picture it and can't.

 

[tranquility]

No, we didn't. The claim of implied consent has been specifically overridden on the more recent cases. Once the process has begun, you can no longer opt out and leave. It is not just on a plane, but in other places too. (See the links for TSA teams doing random searches on trains.)

Do we agree to be searched as we enter the courthouse? Even though we don't want to be there and are commanded under penalty of law? It is the same rationale as to why the search is allowed.

 

[You Are Guilty]

Perhaps Dillon is merely running afoul of the "Seven Inch Rule" at the gate?

http://www.nypost.com/p/news/national/tsa_guys_hard_on_sex_toys_LIdN6pcRW2zBvBfVnvEHvI