FlyerTalk Forums - View Single Post - Interrogated and Detained at IAH for Photographing
Old Aug 24, 2010 | 3:16 am
  #100  
DevilDog438
 
Join Date: Mar 2007
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Originally Posted by SATTSO
There seems to be some confusion about what I have post - I think. I have not yet resonded to what punishment such BDOs and LEO's should receive, if they have indeed violated any laws or codes of ethics. I have ONLY responded that the families of such LEOs should NEVER be punished, as that is not what a democracy is about, to put bluntly.

But I will address you question, and first note the following. Your points:

2. Upon being rebuffed, screeners call LEOs. We don't know exactly what they report but it is sufficient to make the LEOs decide a response is necessary.

3. LEOs detain, question and search the person, seizing his property, despite his having broken no law and in the absence of any reasonable, articulable suspicion that he had or was about to commit a crime.

What did the BDO's in your story tell the LEOs? Did they present to the LEO's "articulable suspicion" as to why the person should be questioned? And, honestly, what exactly is "articulable suspicion"? Is it one standard that everyone must apply, with no room for subjective interpertation, or is is a fluid concept?

Now to answer you question:

If the BDO's lied, they should be fired, and brought up on charges of giving false statements. And if that is true, I am sure the BDO's are then targets for civil suits, which they deserve, if they lied.

If the LEO's were lied to by the BDO's, did they fulfil their job in "good faith"? This would not be the first time that LEO's have been lied to by someone so that another person is arrested and put through that misery.

If the BDO's did not lie, and the LEOs conducted the interrogation of their own will - I really do not have an answer. You may not like it, but honestly, I do not know what authority LEO's have and do not have to conduct such an "interview" (to put the term mildly). And if the BDO's did not lie, I do not think they should be punished.

However, if the LEOs did violate clear law, they should be charged with whatever crime that is, and dismissed from the force. And of course, be the subject of civil action as well. But no, their children should not be "castrated", as one fool suggest, nor should their families be ostracized, as another person suggest.


Hope that answers your questions.
Under what authority did the TSA personnel approach the OP in a non-sterile area of the airport, ask any questions and/or demand presentation of any ID? From all of the CFR items that I have read, TSA has no authority in the landside portions of the airport prior to the TDC at the checkpoint.

IMO, the TSA personnel overstepped their authority and started an illegal investigation leading to further violations by the HPD. That they retained their involvement after the HPD got involved further implicates the TSA in the entirety of the event. I would be talking to a lawyer to determine what my legal recourse would be under Bivens against ALL parties involved in the detention.
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