FlyerTalk Forums - View Single Post - Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Old Jan 31, 2011, 11:21 pm
  #1680  
pmocek
 
Join Date: Apr 2008
Location: USA
Posts: 1,439
New Mexico v. Phillip Mocek: video reveals criminal complaint riddled with falsehoods

In another thread, Sheneh noted:

Originally Posted by sheneh
my first reaction on hearing about the case only recently was that surely [Phil] must have rude or refused to cooperate. Now having watched the video and read summaries of the testimony I am astounded that he was arrested in the first place.
That was not a unique suspicion. I'm extremely fortunate to have recorded my interaction with TSA and police.

The text of the criminal complaint Officer Dilley signed under penalty of perjury was:

I was on duty in full police uniform displaying my badge of office as a Albuquerque Aviation Police Officer, when I was contacted by an agent with the Transportation Services Administration (T.S.A.) who asked for immediate police assistance at the Ticket / Document Area of the Security checkpoint. Upon my arrival I was met by T.S.A. agents and a T.S.A. Supervisor. I was advised, while the listed defendant was attempting to pass through the security checkpoint, he was asked to present an ID. I was further told informed that he was refusing and began causing a disturbance, by yelling and then proceeded to photograph the surrounding checkpoint area T.S.A. Agents and passengers. I introduced myself to the defendant asked him to please comply with the requests of the T.S.A. agents so that he could proceed through the security checkpoint. He responded by telling me that he knew his rights. I explained to him that the T.S.A. has a procedure that has to be followed for all who enter through the security checkpoint. The T.S.A. supervisor asked the defendant to stop taking photographs of the T.S.A. Agents, passengers and of the Security Checkpoint, pursuant to their policy. The Defendant continued to refuse and had his voice raised at a level that it was now creating a disturbance. I ordered the defendant to lower his voice and stop creating a disturbance or I would have him leave the airport. He continued to refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to leave the airport he refused, and told me he knew his rights. At that point I informed him he was now under arrest for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I next asked the defendant for his name. He refused several times to identify himself saying he wished to remain silent. I informed him if he did not provide his name he would be booked for Concealing Identity also. He acknowledged and told me he was not going to provide me with any identification of himself. His bags were searched pursuant to his arrest and no identification was found. F.B.I. was subsequently contacted.
  • TSA staff did not tell him I yelled.
  • He never introduced himself.
  • He didn't ask me to comply with TSA staff; he told me that if I didn't comply with them, I would be escorted out of the airport.
  • He didn't explain anything about TSA procedure or who must follow it.
  • The TSA supervisor did not say anything about a photography policy (just "Why don't you put it down for now?" "Put it down for now" and "I'm telling you now, put it down for now.")
  • I never raised my voice.
  • He didn't order me to lower my voice (or ask me to do so, or say anything about lowering my voice, or anything about my voice at all).
  • I didn't refuse to stop creating a disturbance four times (or three times or two times or once -- never).
  • He didn't issue me a "verbal Criminal Trespass Order" or order me to leave the airport (he repeatedly told me that I would be escorted out if certain things did or did not happen, then eventually told me that I was being escorted out, at which point, I went with him).
  • I didn't say anything about my rights a second time.
  • He didn't tell me I was under arrest for disorderly conduct or for refusal to obey a lawful order (he said I was being investigated for disturbing the peace).
  • He didn't ask my name.
  • I didn't refuse to identify myself several times, or even once.
  • He did not describe any consequences of neglecting to provide my name, and of course, I did not acknowlege such. (He never said one word about my name prior to my arrest.)
  • I told him that I did not have any identity documents, not that I was not going to provide him with any identification of myself.
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