The Proper Way to Confront the TSA [U.S. only]

How to confront the TSA

[link to www.lawinsimpleterms.com]

What follows is an excerpt from the above URL.
When confronted by government's questioning the paramount inquiry is "What is the nature of their inquiry?" Not, do I have a legal duty to answer your question, as phrased by Mr. Bierfeldt. When the TSA asked Mr. Bierfeldt where the cash he possessed originated, his response should have been and should always be, "Sir, what is the nature of your inquiry? When the TSA agent asks for clarification in response Mr. Bierfeldt's query, his response should have been, "Sir are you conducting a civil investigation or a criminal investigation?" There can only be those two legal purposes to any government agent's investigation. If the investigation is neither criminal nor civil and they are just a friendly father watching out for their children, then you obviously have a distinct choice as to leave abrubtly without interruption. However, they will eventually admit that the investigation is either civil or criminal.

If Government's response to your question is that it's a civil investigation then you must only remain in their presence of your own free will and may leave at anytime you wish. Government has no legal authority to hold or detain you under a civil investigation without a lawful court order from a court of competent jurisdiction. If Government's response is that it is a criminal investigation, you state in response: "Very well, please articulate your suspicion of my criminal activity." Government must articulate a well founded suspicion of your criminal activity in order to have probable cause to continue to detain (arrest) you. (If you can't leave, then you're under arrest and that arrest/detention is subject to the constraints of the fourth amendment to the United States Constitution)

In Mr. Bierfeldt's case, the investigation was neither civil nor criminal. The TSA was simply conducting a wild goose hunt, nothing more, nothing less. So, to capsulize, your response to government's inquiry in most every situation might be like the following:

What is the nature of your inquiry? Is it civil or is it criminal? If it's civil you can't hold me without a lawful court order from a court of competent jurisdiction and I can now leave. If it's criminal you must articulate your suspicion of my criminal activity. Inotherwords, tell me what law makes it unlawful for me to carry $4,700.00 in cash on an airplane. Make them tell you exactly what law you are suspected of offending.