Mr. Mastodon Flyer

Should be interesting to see how this proceeds. My hunch is that the state will just decide not to press charges, leaving Phil without the "day in court" he seems to be seeking. Unless he decides to sue them in federal court for violating his civil rights, which is an option--though he picked a lousy part of the country in terms of finding judges who are likely to be sympathetic to his argument. Should've done his homework first.

ND Sol

It took six hours from the time of his arrest till he was booked? Guess they had to research what violations they could charge him with.

RichMSN

Wonder if they broke out the Ouija board?

Can't wait to see if this gets some national press.

AngryMiller

IMHO a total diaper load on the part of both TSA and the police department.

TSA has a procedure to deal with people who do not have a valid ID on them. Was that procedure followed in this case? Suspect that the SOP was not followed and the TSA supervisor had a bad case of 'my way or the highway' and called the police out of an act of vengeance. The police, not knowing any better, showed up to 'teach a rebellious citizen' his place in society.

Our government officials dropped the ball big time on this one.

RichMSN

I wonder if the name discrepancy is because they just guessed on the spelling of his name. I'm sure he didn't spell it for them.

AngryMiller

Gone international on it. Made a French blog.

French security blog.

Trollkiller

Post the link.

ArizonaGuy

Criminal trespass? Anyone speculate how that could potentially be valid?

bocastephen

The nuance that might have set the Smurfs aflutter could have been the difference between "Oops, I forgot my drivers license. What can we do?" and "Sorry, I'm not going to show you my ID".

Can any of our forum legal experts provide some context around how long it is legal to be held in a jail cell without formal charges, and beyond that, until arraigned?

Isn't there a time limit before Habeus Corpus is essentially violated?

Trollkiller

Phil's twitter page http://twitter.com/pmocek (no info yet, probably because he is still in jail)

A link to the blog story on Reddit, please upvote the story not my comment.

jkhuggins

Disclaimer: I'm not a lawyer.

But if the airport management ordered the defendant to leave the premises, and the defendant refused, then the defendant could technically be trespassing on private property at that moment.

This argument requires a bunch of assumptions, of course. But you asked for speculation, so ...

Superguy

I see Bob conveniently posted an ID blog post on PV today. However, no mention of Phil's arrest. Seems coincidental to say the least.

I thought about asking about it, but decided not to as I don't want to jeopardize Phil's case in any way.

AngryMiller

Even still though, the TSO supervisor should have worked to deescalate the situation.

Mr. Mastodon Flyer

I'm pretty sure there are cases where a property owner has said "you're welcome to come on to my property, but you can't bring any guns with you." Then somebody comes onto the property with a gun and gets popped for criminal trespass, because permission to enter the property was conditional and the trespasser violated the condition, thereby invaliding the permission. I suppose the state could make an analogous argument here: Travelers are granted permission to enter the airport property only on the condition that they not refuse to show ID if/when they're asked; Phil violated that condition and therefore was there without permission.

It's a terrible argument from a civil liberties perspective, because it converts every violation of the "house rules" into a crime, but prosecutors have tried it before.

N830MH

Me, too. I would likes to have more contribution with TSA is doing their own job.

I am not sure where he is flying out of ABQ or not. He could be arrest as charge of criminal trespass. He does not have any proper without BP or ID, too.

Yep, sure he did and he didn't listening with TSA officers and He must to be required to show ID all of the times. If you see someone who refusal entry into security checkpoint and he could be put into the secondary screening. I do not appreciate it for his behaviors today. Now, his bails is set $1000 bonds.

If they will have to obey with TSA regulations and show all of those passengers with identifications or driver license at TSA checkpoint. I knows all of those TSA rules all of the times and it is doing their own job, am I correct? I am very good TSA experience for a long time. If you see someone who trying to get through at checkpoint without ID or boarding pass. He could be arrest as trespassing. He will spent for 30 days in the county jails. He will have more appropriate behaviors to followed the policy from TSA.