Disobeying a Transportation Security Administration (TSA) Agent

Going through airport security is generally a hassle, to say the least. Long lines, random screenings, and the forgotten water bottle can tip the average person from merely impatient to downright frustrated. But taking that frustration out on a TSA employee could land you a steep civil penalty or, worse, a criminal conviction. Below we discuss what laws and penalties apply in the TSA security line.

The Role of TSA at Airports

The Transportation Security Administration or TSA was created in response to the 9/11 attacks in 2001. The TSA falls under the Department of Homeland Security. Its mission is to protect the nation's transportation systems. Some of its most visible employees are the TSA agents screening airport passengers and luggage.

Federal law requires TSA agents to screen all passengers and property that will be carried upon an aircraft. (49 U.S.C. § 44901 (2024).) These screenings aim to prevent weapons, explosives, or other threatening items from entering secured areas and airplanes. Before anyone can enter a secured area of the airport or board a plane, the law requires that they submit to this screening. (49 C.F.R. § 1540.107 (2024).)

To protect both passengers and employees, federal law requires law enforcement presence at airports. Typically, airports have local or state police officers on site to support TSA agents. (49 U.S.C. § 44901 (2024).)

Federal Laws on Interfering With a TSA Agent

As noted above, TSA agents must screen all passengers and their property. Interfering with the agent's duties or threatening an agent violates federal law and can result in civil penalties, criminal charges, or both.

Civil Penalties Issued by the TSA

Federal law prohibits anyone from threatening, assaulting, intimidating, or interfering with airport screeners while they are performing screening duties. A violation of this section can result in steep civil penalties—anywhere from a few hundred dollars to more than $14,000 per violation. (49 C.F.R. §§ 1503.401, 1540.109 (2024).)

Any behavior that is offensive or disruptive and takes officials away from their stations or work can be considered interference. For instance, a passenger who was late for his plane, and loudly used profanity to express his frustration after being told he had to be rescreened, was fined by the TSA for being uncooperative and unruly. He tried to appeal the civil penalty by arguing the law violated his free speech rights. The court disagreed with him and found that the violation wasn't based on his choice of profanity but rather on his belligerent behavior that shut down the TSA security line. (Reardon v. TSA, 424 F.3d 475 (6th Cir. 2005).)

Back in 2003, this unruly passenger faced a $700 civil fine. As of 2022, interference with screening procedures (non-physical) carries a $2,250 to $5,830 civil fine. If the interference involves offensive contact with an agent, the fines double.

(49 U.S.C. § 46503; 49 C.F.R. § 1540.109 (2024).)

Criminal Penalties for Interference With TSA and Screening Personnel

Criminal charges can also result from interference with TSA or other airport security screening personnel. In some cases, the TSA agent or supervisor will refer the matter to local or federal prosecutors for criminal prosecution. Other times, a police officer who's present will file charges with local, state, or federal prosecutors.

Federal law makes it a crime to "assault" a federal employee, an airport employee, or an air carrier employee who has security responsibilities. This includes TSA agents, ticketing agents, boarding agents, and anyone else who performs ticketing, check-in, baggage claim, or boarding functions. Assault is broadly defined to include injuring an agent or employee, or attempting or threatening to harm them and placing the agent or employee in fear of immediate injuries. So, a passenger who gets angry with a TSA or ticketing agent and starts pounding their fist and screaming at the agent could face criminal charges. The assault doesn't need to result in injuries, it only needs to interfere with the agent's ability to do their job. A conviction can mean up to 10 years of prison time, a $250,000 fine, or both. (18 U.S.C. § 3571; 49 U.S.C. § 46503 (2024).)

State criminal laws can also come into play for interference with security personnel. Depending on the conduct, a person could face state charges for disorderly conduct, obstruction, assault, or making threats, to name a few.

Federal Laws on Passenger and Luggage Screening

Federal law prohibits passengers from entering a secure airport area or boarding a plane if they haven't submitted to having their person and belongings screened. The TSA uses advanced imagining technology (millimeter waves), metal detectors, hand wands, explosive trace testing, and pat downs to screen individuals and their belongings. Checked bags typically go through x-ray and manual screenings.

No boarding. Airlines must refuse boarding to a passenger who refuses to submit to a search of their person and luggage for weapons, explosives, or other destructive substances. An airline may also refuse boarding to anyone whom the airline deems to be unsafe.

Civil fines. Anyone who attempts to circumvent security measures can also face civil fines. For instance, trying to get your favorite lotion through security by "artful concealment" can result in the lotion being tossed and a civil fine of $140 to $300. Trying to conceal dangerous objects or weapons can mean fines in the thousands of dollars (plus an arrest). The TSA can also issue civil penalties to anyone present in a secured area who circumvented or hasn't complied with screening measures.

(49 U.S.C.A. §§ 44901, 44902 (2024); 49 C.F.R. § 1540.107 (2024).)

Your Rights When Dealing With TSA Agents

You don't lose your constitutional rights by buying a plane ticket or going through the TSA security line. For instance, TSA screening must be conducted without regard to a person's race, color, sex, gender, gender identity, national origin, religion, or disability. If an officer requires a pat down, you can request an officer of your same gender or gender identity and ask for a companion to accompany you. TSA agents can't ask you to remove or lift articles of clothing to reveal sensitive body areas.

That said, air travel is still a highly regulated activity with heightened security concerns. Passengers don't lose all their rights, but some rights, like privacy rights, are reduced. Government agents have greater authority to search you and your belongings in the airport before air travel than they would normally have outside the airport. Courts have generally found that warrantless searches of airline passengers and property are constitutional as long as TSA agents follow administrative rules.

Airport security searches are generally found reasonable (and constitutional) if:

• the search is no more extensive than necessary to detect weapons or explosive
• the agent conducting the search limits their search, in good faith, to these purposes, and
• the potential passenger can avoid the search by choosing not to fly.

For instance, courts have upheld random manual searches of carry-on and checked bags, enhanced screening of passengers flagged at random, and rescreening and additional searches of persons and property after a security alert is triggered. (Higerd v. Florida, 54 So.3d 513 (2010).)

If an agent doesn't respect your rights, you can file a complaint with TSA or contact a lawyer.

Can TSA Agents Arrest You?

TSA agents are not law enforcement officers. They are federal employees. While TSA agents don't have arrest authority, all airports have law enforcement (local, state, or federal) on site. TSA agents will notify law enforcement of suspected criminal behavior and those officers will generally make the arrest. Federal air marshals, who do have arrest authority, may also be present at airports for arrests.

(49 C.F.R. §§ 1542.215, 1542.217 (2024).)

Getting Legal Advice and Representation

If you're charged with interfering with a TSA agent or were fined by TSA, it's generally best to contact an attorney. An attorney can guide you through the civil or criminal legal process, tell you how your case is likely to be treated, and make the best arguments on your behalf. With an attorney's help, you will hopefully be able to obtain the best possible outcome in your case.