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Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Old Jun 1, 2010, 1:15 pm
  #676  
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Originally Posted by pmocek
Links 2-4 fail to resolve.
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Old Jun 1, 2010, 1:31 pm
  #677  
 
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Originally Posted by Boggie Dog
Links 2-4 fail to resolve.
Thanks for catching that. I don't know what the problem is. If I follow those links on one machine, I'm taken directly to the relevant portions of Albuquerque Code of Ordinances Chapter 12: Criminal Code, and as I now see, on another machine, it doesn't work.

If you start at American Legal's Albuquerque, New Mexico Code Resources page and drill down from there, you'll find them. The shortest route seems to be to browse to that page, click the "no frames" button, then enter either 12-2-3, 12-2-16, or 12-2-19, in the search box. Using "quick search" in the framed version of the site doesn't seem to work the same way.
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Old Jun 1, 2010, 3:32 pm
  #678  
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When's the trial?
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Old Jun 1, 2010, 10:33 pm
  #679  
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Originally Posted by Superguy
When's the trial?
Sometimes this week or next week. I am not sure which the specific date is that.
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Old Jun 1, 2010, 11:10 pm
  #680  
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Originally Posted by N830MH
Sometimes this week or next week. I am not sure which the specific date is that.
“Freedom Flyer” Phil Mocek to go on trial June 14th in Albuquerque
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Old Jun 2, 2010, 1:29 am
  #681  
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Thanks! I remember for which the specific date is that. Lets try to see if Mr. Mocek will eventually to wins the case against ABQ police departments. Likewise, if his charges will be dismissed.
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Old Jun 2, 2010, 7:42 am
  #682  
 
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Originally Posted by Superguy
When's the trial?
According to a Google search - 14JUN.
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Old Jun 2, 2010, 9:39 am
  #683  
 
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Originally Posted by Superguy
When's the trial?

Trial date: Monday, June 14, 2010, 9:30 a.m.
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (For details, go to the court's search page, complete the CAPTCHA, then search for criminal case 2573709)
Judge: Julie N. Altwies
Prosecutor: Julie Gallardo
Defense attorneys: Nancy Hollander, Molly Schmidt-Nowara
Charges:
  1. New Mexico Revised Code 30-20-1: Disorderly conduct
  2. Albuquerque Code of Ordinances 12-2-16: Concealing identity with intent to obstruct
  3. Albuquerque Code of Ordinances 12-2-19: Resisting, obstructing, or refusing to obey a lawful order of a police officer
  4. Albuquerque Code of Ordinances 12-2-3: Criminal trespass
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Old Jun 2, 2010, 9:56 am
  #684  
 
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Best wishes Phil.
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Old Jun 2, 2010, 10:14 am
  #685  
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Originally Posted by coachrowsey
Best wishes Phil.
I don't think Phil has to much to worry about.

Just hoping the issue of having to show ID to TSA is brought up but I'm betting that will not even be a question based on the charges.
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Old Jun 2, 2010, 12:33 pm
  #686  
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Originally Posted by Firebug4
The law requires the individual to identify themselves to Law Enforcement not a third party to identify you which in this case TSA is a third party.
FB,

Are you using 'identify' here as a noun or as a verb? Forms of identity matter in these discussions but tend to be glossed over again and again due to co-mingling of authorities and identification requirements.

The method of identifying oneself to an LEO could take the possible forms:
LEO: I need some ID, please.
Pax: My name is [First name, MI, Last name]. What can I do for you officer?

LEO: I need some ID, please.
Pax: (Hands over DL, passport, student ID card, employee badge, other tangible non-frivolous form of identity. What can I do for you officer?
The method of identifying oneself to an TDO could take the possible forms:
TDO: Boarding pass and ID, please.
Pax: (Hands over boarding pass.) Unfortunately, I've forgotten my ID at home. I understand that if I undergo a secondary screening and you are able to verify my identity I am allowed to fly.
TDO: Yes. Let me call a someone over who can help you.

TDO: Boarding pass and ID, please.
Pax: (Hands over boarding pass and DL, passport, student ID card or other tangible non-frivolous form of identity).
TDO: Thanks. Have a nice flight.

Last edited by essxjay; Jun 2, 2010 at 12:39 pm
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Old Jun 2, 2010, 1:14 pm
  #687  
 
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Originally Posted by essxjay
FB,

Are you using 'identify' here as a noun or as a verb? Forms of identity matter in these discussions but tend to be glossed over again and again due to co-mingling of authorities and identification requirements.

The method of identifying oneself to an LEO could take the possible forms:
LEO: I need some ID, please.
Pax: My name is [First name, MI, Last name]. What can I do for you officer?

LEO: I need some ID, please.
Pax: (Hands over DL, passport, student ID card, employee badge, other tangible non-frivolous form of identity. What can I do for you officer?
The method of identifying oneself to an TDO could take the possible forms:
TDO: Boarding pass and ID, please.
Pax: (Hands over boarding pass.) Unfortunately, I've forgotten my ID at home. I understand that if I undergo a secondary screening and you are able to verify my identity I am allowed to fly.
TDO: Yes. Let me call a someone over who can help you.

TDO: Boarding pass and ID, please.
Pax: (Hands over boarding pass and DL, passport, student ID card or other tangible non-frivolous form of identity).
TDO: Thanks. Have a nice flight.
In the states that have statues that require you to identify yourself to law enforcement, refer to you verbally giving your true identity to the officer. I am not aware of any states that require you to provide an identity document to the officer. Would the officer prefer a document? Of course, but it is not required. Does that answer your question? If not I will try to reword it.

FB
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Old Jun 2, 2010, 2:00 pm
  #688  
 
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definitions of identify, identity, and identification

Originally Posted by essxjay
Originally Posted by Firebug4
The law requires the individual to identify themselves to Law Enforcement not a third party to identify you which in this case TSA is a third party.
FB,

Are you using 'identify' here as a noun or as a verb?
Identify is always a verb. To identify is to establish the identity of something or someone. Identity, a noun, is the distinguishing character or personality of an individual. Identification, a noun, is the act of identifying, or alternatively (and contrarily to something I've written many times) evidence of identity.
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Old Jun 2, 2010, 4:31 pm
  #689  
 
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Originally Posted by Firebug4
In the states that have statues that require you to identify yourself to law enforcement, refer to you verbally giving your true identity to the officer. I am not aware of any states that require you to provide an identity document to the officer.
I believe there were some that did, but laws with such a requirement have been held unconstitutional.

Last edited by RichardKenner; Jun 2, 2010 at 4:36 pm Reason: Typo.
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Old Jun 2, 2010, 5:07 pm
  #690  
 
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Originally Posted by pmocek
Trial date: Monday, June 14, 2010, 9:30 a.m.
Court: Bernalillo County Metropolitan Court

__________________
Phil
Arrested @ ABQ TSA checkpoint, charged w/ 4 counts. No comment. Help? Legal defense fund
Is there a snail mail address to which we can send cash / money-order donations to the legal defense fund? I can't afford to have a charge from "Cannabis Defense Coalition" show up on my CC, nor do I particularly support the cause of that organization. But I'm all in favor of the casue covered in this thread and would like to provide some small amount of support against this abuse in ABQ.

Feel free to PM me if you don't want to post. Thanks.
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