Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Nov 17, 2009, 1:55 am
#121
Join Date: Nov 2004
Posts: 1,919
As a matter of interest I take it Phil ist trying to get this to court and possibly even to superiour court to "test" the limits of the requirement right?
Did he have to do it this way is there no other way a US court will check what laws or requirments that are passed to see if they conform with the constitution?
Did he have to do it this way is there no other way a US court will check what laws or requirments that are passed to see if they conform with the constitution?
Nov 17, 2009, 3:09 am
#122
Join Date: Jul 2008
Location: Florida
Posts: 3,006
I haven't read more than the first page of this post, but I thought I'd pop in and say that I was released about an hour ago and am in the lobby of the hotel where my colleague and I are staying, IMing with folks back at CDC. Apparently there's an attorney who's interested and wanted me to call at any hour when I got out, so I'm trying to get into my room to use the phone. All my belongings, save clothes on my back and cash, are still at the ABQ police station.
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
Nov 17, 2009, 3:17 am
#123
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As a matter of interest I take it Phil ist trying to get this to court and possibly even to superiour court to "test" the limits of the requirement right?
Did he have to do it this way is there no other way a US court will check what laws or requirments that are passed to see if they conform with the constitution?
Did he have to do it this way is there no other way a US court will check what laws or requirments that are passed to see if they conform with the constitution?
On top of that, unless I'm mistaken, the judge's decision won't become part of case law (binding precedent) unless it's taken to (or originally heard in) an appellate court.
Nov 17, 2009, 4:50 am
#124
Suspended
Join Date: Jul 2008
Posts: 2,726
I've got to believe he did everything right. If he violated some sort of trespassing at the airport law or some some sort of photography law, one would think that the cops would have charged him as such. One would also have to believe that an airport cop, for Pete's sake, would know what's legal and illegal at his airport.
As others have stated, I wouldn't be surprised if the cops drop all charges. They exerted their pound of flesh by arresting a known protester exercising his Constitutional rights. The only problem is that they picked on the wrong guy. We can only hope that a TSA screener or two goes down as well.
As others have stated, I wouldn't be surprised if the cops drop all charges. They exerted their pound of flesh by arresting a known protester exercising his Constitutional rights. The only problem is that they picked on the wrong guy. We can only hope that a TSA screener or two goes down as well.
"You might beat the rap, but you won't beat the ride."
Nov 17, 2009, 4:55 am
#125
Join Date: Sep 2003
Location: Houston
Posts: 8,956
How do you know tracking him where he is out of jails now? He will be stay away from ABQ airport property. If he anywhere near back to the terminals. ABQ police will eventually to be arrested again for charge trespassing. He could be faced sentences for 30-days in county jails.
So do you think that what he did (based solely on the facts as we currently understand them) was justification for arrest (i.e., taking photos near the screening checkpoint or not presenting ID to the TSA)?
Nov 17, 2009, 4:57 am
#126
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Join Date: Mar 2008
Location: DFW
Posts: 28,129
TSA checkpoints are not Federal reservations. Even if they were it would be proper for local law enforcement to facilitate an arrest. There is a Federal statute that allows this.
I have to hit they hay but it is the same law that lets local cops arrest someone for nudity on a Federal beach like Canaveral National Seashore Titusville (Playalinda). Sorry you will have to hunt it up yourself.
I have to hit they hay but it is the same law that lets local cops arrest someone for nudity on a Federal beach like Canaveral National Seashore Titusville (Playalinda). Sorry you will have to hunt it up yourself.
I would certainly investigate moving charges to federal jurisdiction.
Nov 17, 2009, 5:03 am
#127
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Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,165
Yeah, that's true. Lost in all of this is that the TSA can unilaterally issue Phil civil fines in their Kangaroo Court with absolutely no due process available to him.
Nov 17, 2009, 5:04 am
#128
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I haven't read more than the first page of this post, but I thought I'd pop in and say that I was released about an hour ago and am in the lobby of the hotel where my colleague and I are staying, IMing with folks back at CDC. Apparently there's an attorney who's interested and wanted me to call at any hour when I got out, so I'm trying to get into my room to use the phone. All my belongings, save clothes on my back and cash, are still at the ABQ police station.
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
Nov 17, 2009, 5:05 am
#129
Join Date: Sep 2003
Location: Houston
Posts: 8,956
If we can’t confirm your identity with the information you provide or you’re not willing to provide us with the information to help us make a determination, you may not be able to fly [emphasis added].
Passengers who do not or cannot present an acceptable ID will have to provide information to the Transportation Security Officer performing Travel Document Checking duties in order to verify their identity. Passengers who are cleared through this process may be subject to additional screening. Passengers whose identity cannot be verified by TSA may not be allowed to go through the checkpoint or onto an airplane.
Last edited by ND Sol; Nov 17, 2009 at 5:16 am Reason: Added info from TSA Website
Nov 17, 2009, 5:05 am
#130
Join Date: Apr 2009
Location: FrostByte Falls, Mn
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Posts: 2,157
Aren't those civil penalties though? He wasn't 'interfering' with the security process since he wasn't even at the screening point. Phil apparently angered a TSA supervisor to the point that the supervisor was in a foaming at the mouth snit fit. Too bad the supervisor didn't know how to handle situations like this and way overreacted to a situation that should have been covered in the SOP (wonder if that supervisor ever bothered to read it).
Nov 17, 2009, 5:30 am
#131
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Join Date: Mar 2008
Location: DFW
Posts: 28,129
Aren't those civil penalties though? He wasn't 'interfering' with the security process since he wasn't even at the screening point. Phil apparently angered a TSA supervisor to the point that the supervisor was in a foaming at the mouth snit fit. Too bad the supervisor didn't know how to handle situations like this and way overreacted to a situation that should have been covered in the SOP (wonder if that supervisor ever bothered to read it).
I don't know where P was at the time of the incident but it seems reasonable that he was at the TDC podium and had started the screening process. LEO was called by a federal employee from reports I have read.
I think trying to keep this at the federal level would focus the complaints to TSA requirements.
And yes it seems another TSA "supervisor" was poorly prepared for the position held.
Nov 17, 2009, 5:33 am
#132
Suspended
Join Date: Jul 2008
Posts: 2,726
Aren't those civil penalties though? He wasn't 'interfering' with the security process since he wasn't even at the screening point. Phil apparently angered a TSA supervisor to the point that the supervisor was in a foaming at the mouth snit fit. Too bad the supervisor didn't know how to handle situations like this and way overreacted to a situation that should have been covered in the SOP (wonder if that supervisor ever bothered to read it).
Nov 17, 2009, 5:44 am
#133
Join Date: Apr 2009
Posts: 2,195
I think you misunderstood my point.
TSO's are not LEO's that point is clear.
But, is a TSA checkpoint a federal reservation? I think a case could be made that the area controlled by TSA is federal property and that Federal LEO's should be the ones to affect an arrest if required, not local or state LEO's.
TSO's are not LEO's that point is clear.
But, is a TSA checkpoint a federal reservation? I think a case could be made that the area controlled by TSA is federal property and that Federal LEO's should be the ones to affect an arrest if required, not local or state LEO's.
Nov 17, 2009, 5:59 am
#134
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I'm glad to hear from you again and you will have to stay away from ABQ airport property. If you anywhere near back to the terminals. ABQ police would be arrest you again as charge of trespassing. Please be respectable to obey the laws. Next time you should show out ID & BP before you are entrance into the sterile areas. If you do it again in the future. ABQ police will eventually to be arrest you as charge of first-degree misdemeanor. You should have try to understanding that you are not permitted go back to the terminals without ticket. You have to listen with TSA and Please do follow any specific rules or regulations. You should show the ID & BP along with you.
Nov 17, 2009, 6:22 am
#135
Join Date: Jul 2008
Location: Florida
Posts: 3,006
I haven't read more than the first page of this post, but I thought I'd pop in and say that I was released about an hour ago and am in the lobby of the hotel where my colleague and I are staying, IMing with folks back at CDC. Apparently there's an attorney who's interested and wanted me to call at any hour when I got out, so I'm trying to get into my room to use the phone. All my belongings, save clothes on my back and cash, are still at the ABQ police station.
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
I'm deeply, deeply, thankful to all the support that's turning up. The Internet paid my bail!
On what basis did they claim for removing your friend?