Legal Advice, forced to show ID (6 months ago)
Sep 7, 2007, 1:33 pm
#1
Original Poster
Join Date: May 2005
Posts: 33
Legal Advice, forced to show ID (6 months ago)
Dear FTers,
I know there are some lawyers lurking here.
Back in Feb 07 , I started this thread after being forced to show ID (by a police officer called over by TSA) at DCA airport. That thread is here:
http://www.flyertalk.com/forum/showthread.php?t=662387
Then the following month, I got a reply from a lawyer at the Metro Washington Airport Authority. A thread about that letter is here: http://www.flyertalk.com/forum/showthread.php?t=675977
It took me a few months, but I finally got around to looking up the Arlington VA law that she cited, and to be honest, I think she is twisting the law.
In her letter, she stated that, "Arlington County Code Section 17-13 (which applies at Reagan National) requires a person to identify himself 'if the surrounding circumstances are such to indicate that a reasonable man that the public safety requires such identification.'"
Her excerpt of 17-13 does not tell the whole story. The full text states that: "It shall be unlawful for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification."
I identified myself by name to Sgt. Westbrook, and she never once asked me for my address. Had she done so, I would have gladly given it to her. I see nothing in Arlington County Code 17-13 which permits a police officer to compel a citizen to produce a drivers license or other form of photo identification.
----
Thus, I feel like I was compelled to show ID by a police officer who didn't actually have the authority to do so. Furthermore, when confronted with this fact, the legal counsel for the Metro. Washington Airport Authority tried to twist the rules to make it sound as though they were on her side, when they are plainly not.
I wrote another letter to the MWAA General Counsel this week to ask some more questions, and received a very short reply - stating essentially that she doesn't want to talk to me anymore.
Back in March, I contacted the ACLU of Virginia, who declined to take my case. This incident doesn't involve the Internet or even anything electronic, so I don't think its in the EFF's area.
I'm wondering if any FTers have any suggestions for what I can do from this point on - if I want to do something about this. I'm not trying to make any money - but getting a judge to confirm that my rights were violated, and that the DCA police did overstep their authority would be nice.
For transparency and informational purposes, I'm including the most recent letter I wrote to the MWAA Counsel below...
Cheers
Chris
-------------
September 07 2007.
Mr. Soghoian:
My letter of March 9, 2007, explains the Metropolitan Washington Airports Authority’s position with regard to the incident in which you were involved at one of the TSA passenger screening checkpoints at Ronald Reagan Washington National Airport on February 21, 2007. I am sorry that you found it lacking; however, I have nothing more to say on the matter.
Naomi C. Klaus
Associate General Counsel
---------
Naomi Klaus, Esq.
Associate General Counsel
Metropolitan Washington Airports Authority
03 Sept 2007
Dear Mrs. Klaus,
You sent me a letter on March 9, 2007 in regarding an incident that occurred at Reagan National Airport on February 19 2007. I apologize for taking so long to reply to you, but as a non-lawyer, it has taken me a considerable amount of time to look into the various legal issues.
Briefly to recap, I was compelled by Sgt. Sonya Westbrook to show her my drivers license, after having gone through a secondary screening search and after verbally identifying myself by name to her. Her order was in response to a request by TSA screening agents for me to show them my ID, which I declined, citing my right to travel without showing ID to government agents.
In your letter you state that, "there is well established case law that a police officer may stop a person to investigate when the officer has a reasonable suspicion that a law is being violated."
Regarding this particular statement, I must ask you the following:
1. Which particular law did Sgt. Westbrook believe that I was violating? Other than declining the show ID, I had followed all the instructions given to me by TSA staff. I had further explained to Sgt. Westbrook that I was asserting my right to travel without ID, and cited the Gilmore v. Gonzales case, in which the 9th Circuit Federal Court of Appeals affirmed that right.
2. Is declining to show ID enough to meet the requirements for "reasonable suspicion" in regard to a Terry stop?
3. Was Sgt. Westbrook engaged in a Terry stop when she compelled me to show her ID?
In your letter, you then state that, "Arlington County Code Section 17-13 (which applies at Reagan National) requires a person to identify himself 'if the surrounding circumstances are such to indicate that a reasonable man that the public safety requires such identification.'"
Your excerpt of 17-13 does not tell the whole story. The full text states that: "It shall be unlawful for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification."
4. I identified myself by name to Sgt. Westbrook, and she never once asked me for my address. Had she done so, I would have gladly given it to her. I see nothing in Arlington County Code 17-13 which permits a police officer to compel a citizen to produce a drivers license or other form of photo identification. Could you please explain which law gave Sgt. Westbrook the power to compel me to produce an ID.
In your letter, you then state that, "As to whether Sgt. Westbrook should have given your driver's license to the TSA employee, the [MWAA] has no specific procedure for handling a situation in which a passenger refuses to provide identification. Your letter has prompted the Airports Authority to review its policies and to refine the guidance it gives its police officers."
5. I am very glad to hear that you are now providing better guidance to your police officers. However, that does not fully answer the question I posed in my original letter. Did Sgt. Westbrook have the legal authority to give my drivers license to TSA agents? If so, please cite the specific law which enabled her to do it.
6. Furthermore, do you believe that Sgt. Westbrook's actions were in line with the Federal Privacy Act of 1974?
The very reason I had gone through the "secondary screening" process, had my bags searched by hand, been patted down, and subjected to significant scrutiny was because I did not wish to provide TSA with my drivers license or any other form of photo ID. The fact that Sgt. Westbrook then gave my ID, over my objections, to TSA staff, was in my opinion, a clear violation of my rights.
I look forward to your prompt reply,
Christopher Soghoian
I know there are some lawyers lurking here.
Back in Feb 07 , I started this thread after being forced to show ID (by a police officer called over by TSA) at DCA airport. That thread is here:
http://www.flyertalk.com/forum/showthread.php?t=662387
Then the following month, I got a reply from a lawyer at the Metro Washington Airport Authority. A thread about that letter is here: http://www.flyertalk.com/forum/showthread.php?t=675977
It took me a few months, but I finally got around to looking up the Arlington VA law that she cited, and to be honest, I think she is twisting the law.
In her letter, she stated that, "Arlington County Code Section 17-13 (which applies at Reagan National) requires a person to identify himself 'if the surrounding circumstances are such to indicate that a reasonable man that the public safety requires such identification.'"
Her excerpt of 17-13 does not tell the whole story. The full text states that: "It shall be unlawful for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification."
I identified myself by name to Sgt. Westbrook, and she never once asked me for my address. Had she done so, I would have gladly given it to her. I see nothing in Arlington County Code 17-13 which permits a police officer to compel a citizen to produce a drivers license or other form of photo identification.
----
Thus, I feel like I was compelled to show ID by a police officer who didn't actually have the authority to do so. Furthermore, when confronted with this fact, the legal counsel for the Metro. Washington Airport Authority tried to twist the rules to make it sound as though they were on her side, when they are plainly not.
I wrote another letter to the MWAA General Counsel this week to ask some more questions, and received a very short reply - stating essentially that she doesn't want to talk to me anymore.
Back in March, I contacted the ACLU of Virginia, who declined to take my case. This incident doesn't involve the Internet or even anything electronic, so I don't think its in the EFF's area.
I'm wondering if any FTers have any suggestions for what I can do from this point on - if I want to do something about this. I'm not trying to make any money - but getting a judge to confirm that my rights were violated, and that the DCA police did overstep their authority would be nice.
For transparency and informational purposes, I'm including the most recent letter I wrote to the MWAA Counsel below...
Cheers
Chris
-------------
September 07 2007.
Mr. Soghoian:
My letter of March 9, 2007, explains the Metropolitan Washington Airports Authority’s position with regard to the incident in which you were involved at one of the TSA passenger screening checkpoints at Ronald Reagan Washington National Airport on February 21, 2007. I am sorry that you found it lacking; however, I have nothing more to say on the matter.
Naomi C. Klaus
Associate General Counsel
---------
Naomi Klaus, Esq.
Associate General Counsel
Metropolitan Washington Airports Authority
03 Sept 2007
Dear Mrs. Klaus,
You sent me a letter on March 9, 2007 in regarding an incident that occurred at Reagan National Airport on February 19 2007. I apologize for taking so long to reply to you, but as a non-lawyer, it has taken me a considerable amount of time to look into the various legal issues.
Briefly to recap, I was compelled by Sgt. Sonya Westbrook to show her my drivers license, after having gone through a secondary screening search and after verbally identifying myself by name to her. Her order was in response to a request by TSA screening agents for me to show them my ID, which I declined, citing my right to travel without showing ID to government agents.
In your letter you state that, "there is well established case law that a police officer may stop a person to investigate when the officer has a reasonable suspicion that a law is being violated."
Regarding this particular statement, I must ask you the following:
1. Which particular law did Sgt. Westbrook believe that I was violating? Other than declining the show ID, I had followed all the instructions given to me by TSA staff. I had further explained to Sgt. Westbrook that I was asserting my right to travel without ID, and cited the Gilmore v. Gonzales case, in which the 9th Circuit Federal Court of Appeals affirmed that right.
2. Is declining to show ID enough to meet the requirements for "reasonable suspicion" in regard to a Terry stop?
3. Was Sgt. Westbrook engaged in a Terry stop when she compelled me to show her ID?
In your letter, you then state that, "Arlington County Code Section 17-13 (which applies at Reagan National) requires a person to identify himself 'if the surrounding circumstances are such to indicate that a reasonable man that the public safety requires such identification.'"
Your excerpt of 17-13 does not tell the whole story. The full text states that: "It shall be unlawful for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification."
4. I identified myself by name to Sgt. Westbrook, and she never once asked me for my address. Had she done so, I would have gladly given it to her. I see nothing in Arlington County Code 17-13 which permits a police officer to compel a citizen to produce a drivers license or other form of photo identification. Could you please explain which law gave Sgt. Westbrook the power to compel me to produce an ID.
In your letter, you then state that, "As to whether Sgt. Westbrook should have given your driver's license to the TSA employee, the [MWAA] has no specific procedure for handling a situation in which a passenger refuses to provide identification. Your letter has prompted the Airports Authority to review its policies and to refine the guidance it gives its police officers."
5. I am very glad to hear that you are now providing better guidance to your police officers. However, that does not fully answer the question I posed in my original letter. Did Sgt. Westbrook have the legal authority to give my drivers license to TSA agents? If so, please cite the specific law which enabled her to do it.
6. Furthermore, do you believe that Sgt. Westbrook's actions were in line with the Federal Privacy Act of 1974?
The very reason I had gone through the "secondary screening" process, had my bags searched by hand, been patted down, and subjected to significant scrutiny was because I did not wish to provide TSA with my drivers license or any other form of photo ID. The fact that Sgt. Westbrook then gave my ID, over my objections, to TSA staff, was in my opinion, a clear violation of my rights.
I look forward to your prompt reply,
Christopher Soghoian
Sep 7, 2007, 1:39 pm
#3
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Chris,
Don't know if this would be a resource, but here is a handy list of Privacy advocate groups that might be worth running through.
http://www.epic.org/privacy/privacy_resources_faq.html
As an aside, sure seems IMO ACLU hasn't been very outspoken on privacy issues in past few years.
Don't know if this would be a resource, but here is a handy list of Privacy advocate groups that might be worth running through.
http://www.epic.org/privacy/privacy_resources_faq.html
As an aside, sure seems IMO ACLU hasn't been very outspoken on privacy issues in past few years.
Sep 7, 2007, 1:47 pm
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Sep 7, 2007, 1:48 pm
#5
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Sep 7, 2007, 1:57 pm
#7
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Sep 7, 2007, 1:59 pm
#8
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Join Date: May 2005
Posts: 33
This is the problem....
I made my flight in time, and I didn't push it to the point that I got arrested (which I regret).
Thus, the only way I suffered, was that I was forced to produce my drivers license when I didn't want to. The officer lied when she said that my reading of Gilmore v. Gonzales was wrong, and that she had the power to compel me to produce ID. Oh, and the officer coming over caused a big scene (i.e. lots of passengers passing by looked at me surrounded by 4-5 LEOs)
Surely it is still illegal to violate someone's rights, even if that person doesn't suffer in a major way as a result?
I made my flight in time, and I didn't push it to the point that I got arrested (which I regret).
Thus, the only way I suffered, was that I was forced to produce my drivers license when I didn't want to. The officer lied when she said that my reading of Gilmore v. Gonzales was wrong, and that she had the power to compel me to produce ID. Oh, and the officer coming over caused a big scene (i.e. lots of passengers passing by looked at me surrounded by 4-5 LEOs)
Surely it is still illegal to violate someone's rights, even if that person doesn't suffer in a major way as a result?
Sep 7, 2007, 2:25 pm
#9
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It's illegal once a judge says it is. Meaning, a challenge to the statute (the legal rule) will have to be made. Had you been arrested the way would have been set up for you. As for the possible remedies available to you now, better TS/S legal minds than mine I hope will chime in.
Sep 7, 2007, 2:37 pm
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IANAL but I'm not sure you've got anything to go on here. If they had arrested you, you could have then sued for false arrest. Instead, you showed them what they wanted to see and were not arrested. You could certainly ask to have whatever records they have about the incident expunged based on the officer's lie. But, since you were not accused of or convicted of a crime I'm not sure there is much (if anything) to expunge.