Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Jan 27, 2011, 7:32 pm
#1576
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Belated congratulations, Phil! 
^
Long time, no hear. I hope things are going well for you. 
Agreed 100%.
Yep, and Pistole knows this too. We really need to be watchful that the TSA does not create "LEO screeners".
I've been critical of Kate Hanni as well, but she did speak at EPIC's "The Stripping of Freedom: A Careful Scan of TSA Security Procedures" conference a few weeks ago, along with Bruce Shneier and some other heavy hitters. I've not had a chance to read a transcript of what she said, though.
^Even if we can't agree on many points here (or any points here!) regardng this case and TSA, legal issues, police issues, lobbying, etc.... I am just curious about one thing. Does anyone disagree with the following statement:
"Phil stood up against an overzealous police force that attempted to bully him and initimdate him because he did not do as they ordered him to do, despite the fact that his actions were within the bounds of law."
Just curious - who agrees with that statement and who disagrees?
"Phil stood up against an overzealous police force that attempted to bully him and initimdate him because he did not do as they ordered him to do, despite the fact that his actions were within the bounds of law."
Just curious - who agrees with that statement and who disagrees?
It's a good question, with a complicated answer. In my experience -- and I have quite a lot of it! -- the police are not generally the TSA's friends. For one thing, the police generally hate people who pretend to be police, and the TSA are often guilty of that. Moreover, the TSA often call the police for no good reason, and the police aren't too fond of having their time wasted.
Jan 27, 2011, 8:29 pm
#1577
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Response from ABQ on photography.
Thank you for you inquiry. I will address photography in the public areas of the airport, excluding the TSA checkpoint, which is federal property, as well as the private entities who conduct business in the terminal and have their own guidelines for photography in their areas. I will also address how these rules pertain to private photography, which is what I assume you are inquiring about, as opposed to photography or filming for commercial use.
The City of Albuquerque and Albuquerque International Sunport do not have any restrictions regarding photography in the public areas of the terminal. Many photos are taken daily in our facility of artwork, architecture and friends and families. Having said that, I am sure you are aware that the aviation industry as a whole continues to be a target for terrorism. If you are taking photos our airport, there is a possibility you may be approached by a police officer, especially if you are taking photos of something that the casual photographer doesn't normally photograph. Our officers are trained to be observant of anything suspicious, but to act in a cordial and professional manner.
In the case of Mr. Mocek, he was not approached by one of our police officers while in a public area of the airport (those which I am addressing in this email) and arrested for taking video. Our officers were requested to intervene, by the TSA, and was arrested only after refusing to leave the airport. As to the TSA guidelines, I am pasting them at the end of this email. They contain a contact number for TSA and the local TSA contact is 505-246-4100.
In closing, we welcome all travelers to enjoy our facility and all it has to offer. We strive to create a customer-friendly environment that balances customer service and security. Our police officers and staff have had numerous encounters with customers taking photos, made inquiries, and never detained a single individual. If you wish to discuss this matter further, I invite you to call or email anytime. I and the rest of the management of the Sunport take very seriously both security and the customer experience. I personally respond to all inquires and will follow-up until the matter is satisfactorily resolved. Again, thank you for taking the time to email and safe travels.
Security
Q. Is it okay to take pictures or videos inside the airport and at a checkpoint?
A. TSA does not prohibit photographs at screening locations; however, local laws, state statutes, or local ordinances may. We recommend contacting your local airport authority in advance to ensure you are familiar with their local procedures. While TSA does not prohibit the public, passengers or press from photographing, videotaping, or filming at screening locations, TSA may ask a photographer to stop if they are interfering with the screening process or taking photos of X-ray monitor screens in a checkpoint. The same guidelines apply to media. Members of the press should contact TSA's Office of Public Affairs, at 571-227-2829, prior to filming or taking photographs at a security checkpoint.
While there is a difference between taking a casual photo and someone conducting surveillance, travelers should not be surprised if TSA or local law enforcement inquires about their actions. This is important to ensure the safety of the traveling public and something our officers may do as part of their security mission.
___________________
Daniel Jiron
Public Information Officer
Albuquerque International Sunport
Office: 505.244.7780
Thank you for you inquiry. I will address photography in the public areas of the airport, excluding the TSA checkpoint, which is federal property, as well as the private entities who conduct business in the terminal and have their own guidelines for photography in their areas. I will also address how these rules pertain to private photography, which is what I assume you are inquiring about, as opposed to photography or filming for commercial use.
The City of Albuquerque and Albuquerque International Sunport do not have any restrictions regarding photography in the public areas of the terminal. Many photos are taken daily in our facility of artwork, architecture and friends and families. Having said that, I am sure you are aware that the aviation industry as a whole continues to be a target for terrorism. If you are taking photos our airport, there is a possibility you may be approached by a police officer, especially if you are taking photos of something that the casual photographer doesn't normally photograph. Our officers are trained to be observant of anything suspicious, but to act in a cordial and professional manner.
In the case of Mr. Mocek, he was not approached by one of our police officers while in a public area of the airport (those which I am addressing in this email) and arrested for taking video. Our officers were requested to intervene, by the TSA, and was arrested only after refusing to leave the airport. As to the TSA guidelines, I am pasting them at the end of this email. They contain a contact number for TSA and the local TSA contact is 505-246-4100.
In closing, we welcome all travelers to enjoy our facility and all it has to offer. We strive to create a customer-friendly environment that balances customer service and security. Our police officers and staff have had numerous encounters with customers taking photos, made inquiries, and never detained a single individual. If you wish to discuss this matter further, I invite you to call or email anytime. I and the rest of the management of the Sunport take very seriously both security and the customer experience. I personally respond to all inquires and will follow-up until the matter is satisfactorily resolved. Again, thank you for taking the time to email and safe travels.
Security
Q. Is it okay to take pictures or videos inside the airport and at a checkpoint?
A. TSA does not prohibit photographs at screening locations; however, local laws, state statutes, or local ordinances may. We recommend contacting your local airport authority in advance to ensure you are familiar with their local procedures. While TSA does not prohibit the public, passengers or press from photographing, videotaping, or filming at screening locations, TSA may ask a photographer to stop if they are interfering with the screening process or taking photos of X-ray monitor screens in a checkpoint. The same guidelines apply to media. Members of the press should contact TSA's Office of Public Affairs, at 571-227-2829, prior to filming or taking photographs at a security checkpoint.
While there is a difference between taking a casual photo and someone conducting surveillance, travelers should not be surprised if TSA or local law enforcement inquires about their actions. This is important to ensure the safety of the traveling public and something our officers may do as part of their security mission.
___________________
Daniel Jiron
Public Information Officer
Albuquerque International Sunport
Office: 505.244.7780
Jan 28, 2011, 1:37 am
#1578
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Mr Mocek,
Congratulations on winning your case more importantly, for acting in a calm, cool and collected manner. It took great courage to remember and assert your constitutional rights in such a stressful situation. Most people would not have naturally dealt with TSA and the police as professionally as you did.
I'm curious about a couple things. At the end of the video, when you told the police officer you wished to remain silent did you remain silent on the way to jail and until your release? Did police try to get you to talk? What was your experience in jail like? Was it scary and did they put you in a cell with people arrested for violent crimes who looked and behaved in an intimidating manner? Obviously, no one wants to go to jail, but if the price of civil disobedience or standing up for your rights is a night sharing a cell with suspected murderers, robbers, gang bangers, rapists etc, in addition to missing your flight and the other logistical hassles, then I'm obeying everyone at the airport LOL.
Congratulations on winning your case more importantly, for acting in a calm, cool and collected manner. It took great courage to remember and assert your constitutional rights in such a stressful situation. Most people would not have naturally dealt with TSA and the police as professionally as you did.
I'm curious about a couple things. At the end of the video, when you told the police officer you wished to remain silent did you remain silent on the way to jail and until your release? Did police try to get you to talk? What was your experience in jail like? Was it scary and did they put you in a cell with people arrested for violent crimes who looked and behaved in an intimidating manner? Obviously, no one wants to go to jail, but if the price of civil disobedience or standing up for your rights is a night sharing a cell with suspected murderers, robbers, gang bangers, rapists etc, in addition to missing your flight and the other logistical hassles, then I'm obeying everyone at the airport LOL.
Jan 28, 2011, 5:01 pm
#1579
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Jan 28, 2011, 5:21 pm
#1580
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I try to keep an open mind but that depiction of the situation on an official government site is disturbing.
Jan 28, 2011, 5:27 pm
#1581
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Truly a new low on the TSA blog. The first two comments are very negative. I added a third. Let's see if it gets past the censors!
Bruce
Bruce
Jan 28, 2011, 5:43 pm
#1582
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He intentionally left out the part of Phil's acquittal to leave the impression that the TSA and the ABQ police did everything right and Phil did everything wrong.
Truly, Bob has no shame.
Jan 28, 2011, 5:44 pm
#1583
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A recent case - New Mexico v. Phillip Mocek - is making the news recently. The case stemmed from Mr. Mocek’s failure to cooperate with the instructions of Albuquerque police officers at the Albuquerque International Sunport Airport after interactions he had with TSA transportation security officers.
Mr. Mocek had a boarding pass, but would not produce ID when asked. As I've said before here on the blog, if you don’t have an ID, TSA will work with you to verify you are who you say you are. On the other hand, if you refuse to provide information, you will not be permitted to fly. This process had begun with Mr. Mocek, but was not completed. Without an ID that matches the individual holding the boarding pass, we can’t be sure the passenger has cleared government watchlists.
As far as photography, as I stated in a previous post, TSA does not prohibit photography at checkpoints as long as there is no interference with the screening process. As TSOs were talking to Mr. Mocek to verify his identity, he was holding a camera up to film them and appeared to be trying to film sensitive security information related to TSA standard operating procedures on ID verification. Such behavior interferes with the ordinary course of business at the checkpoint and may well delay other passengers.
We are grateful for the support provided to TSA by the Albuquerque police.
Mr. Mocek had a boarding pass, but would not produce ID when asked. As I've said before here on the blog, if you don’t have an ID, TSA will work with you to verify you are who you say you are. On the other hand, if you refuse to provide information, you will not be permitted to fly. This process had begun with Mr. Mocek, but was not completed. Without an ID that matches the individual holding the boarding pass, we can’t be sure the passenger has cleared government watchlists.
As far as photography, as I stated in a previous post, TSA does not prohibit photography at checkpoints as long as there is no interference with the screening process. As TSOs were talking to Mr. Mocek to verify his identity, he was holding a camera up to film them and appeared to be trying to film sensitive security information related to TSA standard operating procedures on ID verification. Such behavior interferes with the ordinary course of business at the checkpoint and may well delay other passengers.
We are grateful for the support provided to TSA by the Albuquerque police.
Jan 28, 2011, 5:48 pm
#1584
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I was thinking this too. If he was in view of and filming something SSI, what was to keep him from simply making a mental note of the SSI thing to share with other ne'er-do-wells? If the SSI was in his view already, the camera shouldn't have been a security problem.
Jan 28, 2011, 5:52 pm
#1585
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Another dishonest posting from Bob. What a surprise! 
Does TSA get sovereign immunity from libel?
Phil's only crime was showing contempt for TSA and the airport police.
Does TSA get sovereign immunity from libel?
Talk about spin. I would consider this to be borderline libelous. What instructions did Phil fail to cooperate with ABQ Police? Implying that Phil was not cooperating with ID verification is not true. What was the testimony that Phil was asked to stop filming because of SSI? Phil is not a "covered person." It is the job of the TSA to ensure that SSI is protected from us seeing it. That is not done by telling him to stop filming. Were they going to ask Phil to close his eyes while the form was in front of him?
Last edited by Kiwi Flyer; Jan 30, 2011 at 12:14 am Reason: merge consecutive posts
Jan 28, 2011, 6:01 pm
#1586
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That's not spin. That's Blogdad Bob doing what he does best: Lying like a Philadelphia lawyer.
(And I should know. Philly born and raised.)
In the eyes of the law, that not a crime. In the eyes of the TSA/Gestapo, however...
For the record, my post to PV:
(And I should know. Philly born and raised.)
For the record, my post to PV:
Hey Bob, were you a Philadelphia lawyer in a previous life? Because you certainly twist the truth like one. I'd even go so far as to say this post is libel by omission.
Last edited by n4zhg; Jan 28, 2011 at 6:09 pm
Jan 28, 2011, 6:24 pm
#1587
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No, if the TSA followed their usual procedures for those who don't try to document the process and whom they deem to be "cooperating" sufficiently, after filling out the form based on Mr. Mocek's responses to their questions (name, address, previous addresses, etc.) they would have asked him to sign it (under penalty of perjury), which presumably would require him first to read it.
Jan 28, 2011, 6:40 pm
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I just finished watching Phil's segment on Fox's Freedom Watch. The host got a few things wrong, but overall, it was just what opponents of the TSA would like to see much more often. He even noted that TSA is now appearing occasionally in train stations and bus stations, so their airport presence appears to be "just the tip of the iceberg." Indeed.
Phil looked great. And it was nice to see his videotape aired, even if the bottom was cut off (clipping some of the subtitles).
Bruce
Phil looked great. And it was nice to see his videotape aired, even if the bottom was cut off (clipping some of the subtitles).
Bruce
Jan 28, 2011, 6:54 pm
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I was thinking this too. If he was in view of and filming something SSI, what was to keep him from simply making a mental note of the SSI thing to share with other ne'er-do-wells? If the SSI was in his view already, the camera shouldn't have been a security problem.
Jan 28, 2011, 7:13 pm
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Talk about spin. I would consider this to be borderline libelous. What instructions did Phil fail to cooperate with ABQ Police? Implying that Phil was not cooperating with ID verification is not true. What was the testimony that Phil was asked to stop filming because of SSI? Phil is not a "covered person." It is the job of the TSA to ensure that SSI is protected from us seeing it. That is not done by telling him to stop filming. Were they going to ask Phil to close his eyes while the form was in front of him?