Impressive -- they nailed a probation violator who apparently didn't know he was on probation, and Nico brags about their "layers of security" Queue up the them music from Dragnet before you start reading this one ... Modesto Bee: Back-seat Driver: Roaming airport screeners look for people with something to hide A federal officer was watching passengers at Sacramento International Airport on Wednesday when one caught his eye. A young man in line, unshaven and carrying a backpack, apparently looked suspicious. The officer was not a typical Transportation Security Administration screener. He was a specially trained Behavior Detection Officer. BDOs work in the agency's Screening of Passengers by Observation Techniques program (SPOT) and are trained to study a person's face and body language for hints of his mental state. They roam all parts of the airport, including curbside....The young man at the Sacramento airport apparently displayed something unusual. TSA officers pulled him aside for secondary screening, ran a computer check and discovered he was wanted for an out-of-county probation violation. Illegal detention and warrant check without probable cause? And what does a 6-year-old drug conviction and probation have to do with airline security?
When it comes to the TSA, we've all got something to hide. Our valuables. Our wallets. And our dignity.
TSA ran a computer check?? Oh my, I hope that's a mistake, and that they in fact referred him to law enforcement, who ran a computer check. Funny to say I hope that, because I wish it didn't happen at all to this guy. But I do hope they're not really able to run computer checks on folks.
Doesn't look legal to me. How does a probation violation fit into a transportation security role? The young man should get the ACLU involved in this one. Looks like he might have a decent shot of winning. Tony Bizjak is a PoS for even reporting this garbage.
Remember that local LEO is TSA's pawn at the airport. And I'm sure they're all too happy to take in all of these BDO "finds" since all they really are are petty non-criminals. TSA doesn't seem to be able to find anyone with nefarious intent, that's for sure. It just occurred to me that this nonsense BDO program is more in place to curry favor with local LEO than anything else. Anyway, my point is that, in my experience, once a BDO gets a hold of you and you can't shake them, local LEO is called, who then run your name through some kind of national database. IDK, but they all seemed really disappointed that they couldn't haul me away. Oh, well, sorry dudes.
It's a 4th Amendment orgasm for the cops. They get the SPOTNiks to do their dirty work in ways they couldn't possibly get away with on the street -- no-probable cause interrogations, warrantless searches, non-detentions you can't walk away from, and no requirement to articulate one's reasonable suspicion to anyone.
Telling a SPOTnik to GFY is neither probable cause nor reasonable articulatable suspicion. "Am I under arrest?" "Am I free to go?" "If I am not free to go, then I am under arrest. What is your probable cause for arrest?" "Telling this nosy government apparatchik to buzz off is not probable cause. I want your supervisor. Now."
Yup, and In my opinion if the cop runs your name because of TSAs junk science experiment ASSes that's grounds for filing a complaint with that departments IA if not the state on 4th amendment grounds. In Texas if you want to make a officer or deputy sweat and get a pucker factor of 50 tell them you will be filing a complaint with the Texas Rangers and/or Attorney Generals office for there actions.
So if you refuse to answer the BDO and keep walking and hold onto your bag what options do they have? They cry for a LEO but the LO has that whole sticky probable cause and liability issue to contend with. They can bully all they want but I doubt there is any bite to go with the bark.
My guess: Then they call in all blue gloves, circle the wagon and physically block you from walking away while denying with their lips they are "detaining." Then select you for a 'random' enhance search and surprisingly come up with a bunch of 'false positives. '
That would be unlawful detainment ala kidnapping so at that point game on and clearly opens avenues for self-defense. I waiting for the day this surround and intimate results in smurfs getting perp walked in masse to a paddy-wagon.