TSA checkpoints and random searches on TN highways

[Mike9685]

Read this -
http://tennesseenewspress.com/2011/10/1 ... -highways/
My first thought was "How are they dealing with people that are either concealled or open carrying?" How about legal guns and ammo in the vehicle? Any lawyers out there want to educate us on OUR rights when we come upon one of these checkpoints? I'll stay on topic and avoid the conspiracy theories; but, what the heck is this all about?

Mike

[Rbtama101]

I'm about tired of this kind of horse crap.

WHEN ARE WE, THE PEOPLE GOING TO DRAW A LINE IN THE SAND AND MAKE A STAND??

I took an oath to defend the Constitution of this great country and I'm tired of standing idly by and watch Her be destroyed from within.

Please offer some words of advice. If I get stopped at one of these, I will be going to jail for not cooperating. I can already see that happening. I have made my mind up that I am done going along out of fear of being intimidated and bullied.

Please tell me they can't get away with this legally.

I may need a lawyer if I get stopped. Anyone know a good Constitutional lawyer?

[Sky King]

I don't know if this is remaining on topic or not but what comes to my mind is that since 9-11, the terrorist have won. When you think of just what a terrorist is, a person who instills terror. We live in terror. Look at what we are subjected to since 9-11. We hear people in interviews regularly say they are willing to be subjected to invasions of their privacy for a perception of safety and security. The monitoring, surveilance, the searches, all actions we would think are normal in a police state.

Folks, WE allow this. When we argue in defense of personal carry of weapons, we often say, "the police can't be everywhere". Personally, I don't want the police EVERYWHERE. Remember this the next time you step into a voting booth.

[Mike9685]

I'll be honest, I thought long and hard about even bringing this up. I knew it would be a "hot" topic. Hopefully, there is somewhere we can discuss the off-topic points (Constitutionality) of this situation. If someone can think of another forum, please let me (us) know. The import of this is that I have several questions about having a weapon with me when I come upon one of these checkpoints (I do travel on I-40 occasionally). I travel by air fairly often, and having just returned from a 3 week trip to Europe, I've had recent "interaction" with the TSA. I'm NOT confortable with this situation and would like one of our legal folks to give all of us some advice - i.e. -

Who is authorized (legally) to request my weapon during the (unlawful - my opinion) search? My understanding is that it must be a law enforcement officer or marshall (sky - only one the TSA now employs, or federal). After seeing some of these TSA folks at the airport, I wouldn't trust them to handle a weapon. One of the write-ups mention that some of the TSA employees, at the checkpoints, would not be in uniform. I assume that I can request their identification before proceeding?

Are there time limits on the stop?

Can they do a "Kelly" frisk?

Can I refuse to open my trunk without there being "Probable cause"?

I can only imagine the hassles when I have my LEGAL Class 3 stuff with me...

I apologize to the moderator for any and all problems this topic may cause. I'm trying to stay on topic, but "Sky king" and "rbtama101" are 100 percent correct. It's time to draw a line in the sand. Who in TN authorized this? What has our TN government had to say about it? We are the first state to do this - IT'S TIME TO SET THE PRECEDENT NOW!!! (Alright, I'm off my soap box...)

Mike

[Sky King]

Well, I watched the video on the link in your post. It indicated that the checkpoints would be set up at weigh stations. So at this point, (and this may be just the first step and may expand the scope of it later) it would appear that it is only going to apply to commercial trucks. Even with that, I question the constitutionality of it. But in your case, do you drive a truck for a living? If not, I don't think they are going to be looking at private automobiles, (yet). If they do start checking private automobiles at some time, I may find myself in jail right next to you. I too would need the advise of an attorney about whether or not they can "search" my car without probable cause. Just to stop you and search just because it is a "check point" seems quite a stretch for me.

[tnxdshooter]

[Mike9685]

Called a friend of mine that had sent me the original email with the link. He's a truck driver who runs the triangle from Nashville to Little Rock to St Louis and back to Nashville. I told him that maybe I'd overreacted to the situation. He made a few good points I just want to pass on -

(1) Where else are you going to do the kind of inspections that they talked about? The breakdown lane - not safe. Comms are also already available at the weight station.

(2) When he and his fellow truckers were briefed on the new "inspection" by a TDOT rep, he says that they were told it was for "vehicles". He says that someone specifically asked if it was for trucks only and was told that it was for "vehicles".

(3) He also made the point that if they only wanted to alert truckers to "see and report", they would have been more productive doing it at truck stops. It would have entailed more personnel, but would have been more productive. (His opinion)

He's a straight up guy. Ex Army aviator (like me) and doesn't wear a tin foil hat. However, he admits that this has him spooked. I guess we'll just have to feel our way through this. Especially since we're the first state to "agree" to host this "situation".

I have some friends in Local Law Enforcement and would like to post some info on individual rights, but don't want to run afoul of the Moderator. It's hard to keep this specifically gun related, but I will make every effort to comply with the posting rules. I'm still looking for another forum where we can discuss the other aspects of this.

Mike

[ProguninTN]

I too question the constitutionality of his practice. The case of City of Indianapolis v. Edmond comes to mind.

[benburke]

[SomeGuy]

I read in a TN paper about them doing bus stops, I couldn't find it in ours, but I found a washington post editorial speaking of it.

http://www.washingtontimes.com/news/201 ... wer-grope/

So, what gives them any authority at a bus stop? As I understand it, the convoluted excuse they use at truck stops is that the truck has to open anyway for that inspector, and the TSA is tagging along. What have they got for a bus station?

[Fred762]

Posters have shed alot of heat but not much 'light' on the subject IMHO. It seems we need some helpful info from the lawyers hereon...what are our rights here in these Soviet-style stops? I carry legally every day and every night, especially since I have to drive out in the boonies to and from work. There are enuf worries already..deer, muggers, drunks etc etc on the roads..now we're having to worry about the TSA terrorising us? I agree...the terrorists have won!