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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 Dec 8, 10, 10:09 pm
  #1021  
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As I've been saying for awhile, they'll cause you maximum inconvenience, drag their feet as much as possible, and the probably dismiss it after you've made another trip or two.
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Old Dec 8, 10, 10:38 pm
  #1022  
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More time for Phil to be a free man!
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Old Dec 8, 10, 10:55 pm
  #1023  
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Originally Posted by meisterau View Post
More time for Phil to be a free man!
Guilty before proven innocent, eh?
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Old Dec 8, 10, 11:19 pm
  #1024  
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Originally Posted by Superguy View Post
Guilty before proven innocent, eh?
I always though Phil could go free.

Originally Posted by meisterau View Post
More time for Phil to be a free man!
I agree. If his case is dismissed and he will wins the case against TSA at ABQ.
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Old Dec 8, 10, 11:50 pm
  #1025  
 
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Originally Posted by N830MH View Post
I always though Phil could go free.



I agree. If his case is dismissed and he will wins the case against TSA at ABQ.
There is no case against the TSA in ABQ, unless Mocek has decided to sue, and I missed a posting here. This is about the criminal complaint and the Albuquerque PD and city code.

Ciao,
FH
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Old Dec 8, 10, 11:57 pm
  #1026  
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Originally Posted by FlyingHoustonian View Post
There is no case against the TSA in ABQ, unless Mocek has decided to sue, and I missed a posting here. This is about the criminal complaint and the Albuquerque PD and city code.

Ciao,
FH
Thanks! I didn't mentioned know that. I'm sure he will get his lawsuit against Albuquerque PD & city code, too. If he will wins the rights to against APD & city code, too. He could walked away from the courtroom.
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Old Dec 9, 10, 12:29 am
  #1027  
 
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Originally Posted by FlyingHoustonian View Post
This is about the criminal complaint
Correct.
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Old Dec 9, 10, 1:54 am
  #1028  
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Originally Posted by pmocek View Post
Correct.
Are you absolutely sure about this? You have try to fought the case against APD & city code, too.
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Old Dec 9, 10, 1:59 am
  #1029  
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Originally Posted by N830MH View Post
Are you absolutely sure about this? You have try to fought the case against APD & city code, too.
He is just going to go to trial on the criminal complaint (the four charges listed above).

He can sue APD or the Airport Authority later in a civil case, though I don't know how well that would go. I don't think he can sue the TSA in any very meaningful way.
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Old Dec 9, 10, 7:46 am
  #1030  
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Originally Posted by Jaimito Cartero View Post
As I've been saying for awhile, they'll cause you maximum inconvenience, drag their feet as much as possible, and the probably dismiss it after you've made another trip or two.
I've been expecting this outcome, too. This fake trial was a test to see if Phil really intends to fight to the death. Now that they know he will, they will be more inclined to dismiss the charges (based on the "new" evidence, no doubt).

Bruce
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Old Dec 9, 10, 7:48 am
  #1031  
 
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What a shame that he should even have to go through any of this.

Will there be news media coverage of this?
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Old Dec 9, 10, 8:36 am
  #1032  
 
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Originally Posted by bdschobel View Post
I've been expecting this outcome, too. This fake trial was a test to see if Phil really intends to fight to the death. Now that they know he will, they will be more inclined to dismiss the charges (based on the "new" evidence, no doubt).

Bruce
If that's the case, you just know someone's looking at the budget, to see what the first civil-suit settlement offer should be. Or, they can play hardball, and defend or counter-sue, yet that's only going to add to the drama...
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Old Dec 9, 10, 8:43 am
  #1033  
 
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Originally Posted by sbagdon View Post
If that's the case, you just know someone's looking at the budget, to see what the first civil-suit settlement offer should be. Or, they can play hardball, and defend or counter-sue, yet that's only going to add to the drama...
Oh, I SO hope he countersues. That would be f'n awesome!
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Old Dec 9, 10, 8:50 am
  #1034  
 
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Originally Posted by FlyingHoustonian View Post
Just because the TSA sent an attorney does not mean a not guilty in this case will affect TSA policy. You are missing that point. The government routinely sends attorneys to litigation where it is an interested/involved/witness party.

Again, a missdemeanor in ABQ court verus APD is not going to change the inane and feckless policies of the federal TSA.

Ciao,
FH
FH,
I agree with you regarding the direct facts of this case: it will <b>not</b> impact any stated TSA policies or procedures. However, what it should (and perhaps I need to include include hope) do is, at least in the city of ABQ, finally clarify what authori-TAH seeking TSO clerks are allowed to call upon LEOs for.

If photography is allowed, they cannot demand a PAX to cease filming "or else"/DY...T.
If no ID is allowed, they cannot call an LEO to compel a PAX to provide identification other than what's on their BP.

To the best of my knowledge it was unfortunately the political fundraising gentleman going through STL with the cash box (Beirfeldt?) never got his chance in court to properly identify what the TSA is really searching for (contraband is outside their authorized "WEI search" IM(IANAL)HO).

I can understand why the Identity Project has agreed to assist on this case as they see it as a potential gateway to establishing firm rules regarding ID checks. Whether they're legal or not has already been decided (they are w/"no ID" exceptions - Gilmore v. Gonzalez) however there's always been the issue of an LEO compelling a PAX to provide ID which, if supplied, they then hand over to the "clerk".

I only wish that the TSA would be brought under the Administrative Procedures Act. Doing so would make a lot of this would go away. Once their inane "security directives" and other knee-jerk rulemaking are shown the light of day (through congressional oversight), a lot of the ambiguity & inconsistent application would go right out the window.

"Your directive is an administrative search for WEI. Why are you also searching for contraband, as you've described, as excessive amounts of cash, other identity documents, narcotics?"

"Think of the children!!!"



P.S. I didn't know the "do you w4nt t0 fly today" acronym gets parsed into the DY...T! Neat!

Last edited by bfetch; Dec 9, 10 at 8:52 am Reason: added P.S.
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Old Dec 9, 10, 8:53 am
  #1035  
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Originally Posted by sbagdon View Post
If that's the case, you just know someone's looking at the budget, to see what the first civil-suit settlement offer should be. Or, they can play hardball, and defend or counter-sue, yet that's only going to add to the drama...
I highly doubt that a trial with eight witnesses for the prosecution and two defense witnesses, at this point, is going to make a difference in the budget.

Besides, even though they technically do not have a horse in this race, I would think the TSA would want to see this go all the way to the finish line.
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