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Are TSA employees "law enforcement" personnel since the FedGov has no general police powers?

Remember, they work for the executive branch of the Federal government.

What happens when TSA starts searching bus passengers for WMD & have to search around the pistol on my hip (HA! what a hoot that would be).

Let's assume I have a permit (valid in 36 States) to carry a concealed handgun and decide to take a city bus. TSA is searching passengers for WMD (explosives, chemical/biological agents, etc). Since the rules of the game are whenever I am approached by a law enforcement officer for a law enforcement purpose I must immediately state verbally that I am armed. The permit is in my pocket.

Quite aside from the silliness of watching them touch my junk while I have a .45 pistol on my hip, this is actually a serious legal question: are TSA employees "law enforcement officers"? The Federal government has no general police powers.

What if the TSA person is accompanied by a US military person? The US military has no police powers thanks to Posse comitatus unless martial law is in effect.

If I'm riding a bus in America, or a pedestrian, do I have to pay any attention to these people? What jurisdiction do they have over me?

Update:

I am disappointed that nobody knows what "general police powers" means.

6 Answers

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  • 9 years ago
    Favorite Answer

    States have General police Powers except where it overlaps into federal jurisdictional issues.

    The Interstate Commerce Act granted broad Powers to the Federal Government as does the 10th Amendment.

    Under the 10th Amendment (See wikipedia 10th amendment to the United States Constitution) 4.3 especially for you Firearms question.

    As a result of 911 The Transportation Security Act was designed and the TSA was evolved.

    Since Aircraft are a Federal Regulated Business, the Federal Government has jurisdiction over Boarding the same as one has to go through customs.

    If the Military is asked to stand by? It would be by a federal mandate or the Federal Military under a Govenors edict of national Guard and the right of his state to us the ANG or other NG Forces as the Govenor has that power.

  • Bob B
    Lv 7
    9 years ago

    Certain TSA officers are indeed law enforcement and have full police powers. The Federal Government does indeed have the ability to grant police powers to its officers if it so desires, as it does to the FBI, DEA, Marshals, etc. It does not matter what branch of the government they are (the Marshals Service is also controlled by the executive)

    Why the TSA would be searching a bus, and why the military would be there, I'll leave up to you.

  • L.T.M.
    Lv 7
    9 years ago

    Police powers are granted to states in the 10th Amendment to the U.S. Constitution, which reserves to the states the rights and powers "not delegated to the United States," which include protection of the welfare, safety, health and even morals of the public. Police powers denotes the basis for many regulatory subjects, such as licensing, inspection, zoning, safety regulations, and working conditions as well as law enforcement. Police powers may be used, for example to detain people or search things like vehicle.

    It is a general term that expresses the fundamental power vested in every state to limit and regulate the exercise of private rights in the interest of public health, public morals, public safety, and the general welfare of the community. Governments have exercised police power to prohibit the sale of liquor and cigarettes and gambling. Cities and towns have prohibited the making of bricks in a town, the maintenance of livery stables, public laundries, billboards, public garages, coal yards and slaughterhouses. - http://definitions.uslegal.com/p/police-powers/

    So it's each individual state's job to protect and serve..and lately, Oppress us.

    But it's interesting how we got here w/ the feds holding most of the power. I'm hardcore when it comes to (actual) national defense but I have to admit that's the basis for most of the abuse. The "temporary" income tax during the civil war was referenced by the feds to expand and increase it later on. Now, anything and everything, unconstitutional or not, is done "for our security"...for our own good...

    But you're right, your scenario (unless obama is allowed to appoint more justices) would be a good one for the SCOTUS... like the Heller case.

    Re: What jurisdiction do they have over me? - They have what we the people settle for, which is a hell of a lot lately. You saw Panetta in front of Congress a few weeks ago. Some reps raised a fuss but you can bet in their private meetings Panetta pointed out they all voted for NDAA .. Which effectively overrides the most important amendments. So they're in this together. It's us against an Out-Law government.

  • Anonymous
    9 years ago

    The "family" (be that of laws or those who have become instantly able to subjectively enforce them), is growing in huge leaps.

    That's certain.

    I remember back in the 70's when Campus Fuzz were granted police powers. Until then they were a joke, and you could walk/drive away from them.

    No longer, yet there was an uproar about that then.

    Today the fight will be among those harassing you to see who has "jurisdiction", and no protest at all.

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  • Anonymous
    9 years ago

    You don't have a valid permit to carry a gun on the bus.

    See your little gun fantasies don't trump their right to not allow armed passengers. Walk abotu all you want, you still can't take the bus.

    See you imagining how you'll act like a big man is fiction. The reality is you wouldn't get on the bus.

    Oh and the TSA, not being slow, knows no terrorist would ever take over a bus because

    1. You can't take down a building with a bus.

    2. They're full of poor people. Nobody cares when you kill poor people.

    3. They're full of minorities, nobody cares when you kill black people, unless the cops refuse to prosecute.

  • Golfer
    Lv 7
    9 years ago

    TSA have a job to do and we have a job to vote out those who wrote the laws.

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