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Interrogated and Detained at IAH for Photographing

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Interrogated and Detained at IAH for Photographing

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Old Aug 22, 2010 | 6:12 pm
  #16  
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I'm confused, if the local police said you were not free to go, that implies you were under arrest..did they inform you of your rights prior to questioning? If so, why did you engage them and not just ask for a lawyer. I assume you were just on a investigative expedition to see what sort of procedures they were following?
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Old Aug 22, 2010 | 6:26 pm
  #17  
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Originally Posted by ND Sol
It is a form that has been on the internet for a few years. I have it on my computer, but don't know how to put it up here. Superguy gave me his link a couple of years ago that is still good to the form, but I would want him to post it (or his permission). Goalie also keeps the form, so perhaps he has a link.

It is called a "Complaint/Compliment Data Form." The blank form has the following at the bottom:
Feel free to post it. I probably forgot the link.
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Old Aug 22, 2010 | 6:41 pm
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Originally Posted by lianluo
I'm confused, if the local police said you were not free to go, that implies you were under arrest..did they inform you of your rights prior to questioning? If so, why did you engage them and not just ask for a lawyer. I assume you were just on a investigative expedition to see what sort of procedures they were following?
You can be not free to go (i.e. detained) without being arrested. After I inquired if I was free to go and was told no, I could have asked if I was under arrest. Given the dynamics of the situation, I thought that to be unwise.

LEO's never have to read your rights to you once you are under arrest. If they don't however, then anything you say can't be used be used against you. Many times you don't need a confession to obtain a conviction. (None of this should, however, be considered legal advice.)

As for your assumption in your last sentence, I think my original post belies that.

Originally Posted by Superguy
Feel free to post it. I probably forgot the link.
Here is the link to the TSA Form.
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Old Aug 22, 2010 | 11:15 pm
  #19  
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Well done, ND Sol. ^

Please take these scumbags to court.
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Old Aug 23, 2010 | 12:20 am
  #20  
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Great post, well documented and clear. I'm ashamed to be part of a country that treats innocent citizens this way, and it's time we do something about it.

Please keep us posted on any new developments. I hope you choose to pursue this further.
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Old Aug 23, 2010 | 1:00 am
  #21  
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Originally Posted by ND Sol
....At one point I tried to sit down on the nearby table, but was asked to stand back up. So basically the whole time I had to remain standing. Several times throughout this process I asked if I was free to go and always was told no....
Great totalitarian tactics -- thanks for the post & I do hope you pursue this further.

Was there any evidence that they viewed or tampered with your photos without a warrant?
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Old Aug 23, 2010 | 5:01 am
  #22  
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It sures sounds like a custodial interview to me..if a cop tells me I'm not free to go and begins questioning me..anything I say is free info for them to use against me. I'd want a lawyer I believe. It's a moot point now, but I would've been interested to see what they would have done if you'd said that. Of course, you'd likely end up stuck for the day.

From a law firm's site, (Not to educate the OP, but to educate the rest of us if faced with something similar):

Types of Police Interrogations
An interrogation can occur at the police station, in jail or at the scene of a crime. There are two types of police interrogations:

■Custodial interrogation - A custodial interrogation is an interrogation of a person in custody who is reasonably suspected of being directly involved in or responsible for an offense. The person being interrogated is not free to leave police custody. Once a person is in police custody, the suspect must be read his Miranda rights if the police want to question him and to use the answers as evidence at trial.
■Non custodial interrogation (also called an interview) - A non custodial interrogation is the gathering of information by police from a person that is not yet officially considered a suspect for the offense being investigated. An interviewee is not in police custody and is free to leave at any time. A non custodial interview does not require the police to read the suspect his Miranda rights in order to use statements as evidence at trial.
How to End a Police Interrogation
A non custodial interrogation can be ended by leaving. If the police do not allow the person to leave, then the interrogation has changed from a non custodial interrogation to a custodial interrogation. A custodial police interrogation may be stopped by:

■A clear request for an attorney
■A clear request to remain silent
But after either request, if the suspect initiates conversation, then any statements made may be used against the suspect as evidence at trial.
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Old Aug 23, 2010 | 5:27 am
  #23  
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Unfortunately the flip side is that the OPs experiences can lead people to not speak out in future, or to restrain themselves. As a non-US citizen, I am concerned that I have fewer rights and I know that I am not alone in that regard. The challenge is how to find the most effective methods to challenge what is occuring, and for each of us that it may be different.
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Old Aug 23, 2010 | 5:32 am
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What are you doing at the airport?

Somebody should have be concerned about the individuals on 9-11-01 who
brought down 4 planes on what they were doing on a airplane let alone at an airport.
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Old Aug 23, 2010 | 5:38 am
  #25  
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Er, in America one is still permitted to enter airport terminals even if not flying.

It's a Sunday or a holiday and I need to do some shopping? Craving some Turkish fast food? Want to visit a cool airport park and climb aboard some old timer airplanes for a Euro? Where do I go?

MUC
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Old Aug 23, 2010 | 5:44 am
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Originally Posted by Superguy
+1

To the OP, sorry you had to go thru with this, but thanks for standing up to these guys.
+1.
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Old Aug 23, 2010 | 5:46 am
  #27  
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Originally Posted by MikeMpls
Was there any evidence that they viewed or tampered with your photos without a warrant?
The photos are intact as far as I can tell. I can't say if they were viewed after the camera was seized (they weren't while I was being detained), but if I had to guess, I would say no.
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Old Aug 23, 2010 | 5:53 am
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Can you imagine what would have happened if there were LE TSO's there?


~~ Irish
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Old Aug 23, 2010 | 5:59 am
  #29  
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Originally Posted by FliesWay2Much
I wore our country's uniform for 22 years and I truly grieve at what we have become. PLEASE work like crazy to get the mainstream media to pick this up.
^^

Originally Posted by FliesWay2Much
FYI, I know something about "tradecraft." What the screeners were doing in your pictures was nothing short of comical.
Me, too. I could not help but think of the judge who called the TSA "Keystone Kops." Those two made the Keystone Kops look like professionals.

Originally Posted by FliesWay2Much
As an attorney, I trust you know that you have them over a barrel if you choose to take this to the next level.
Along with so many others, I would urge you to pursue this all the way to the end. Perhaps you will never again have an opportunity to serve your country so well.
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Old Aug 23, 2010 | 6:12 am
  #30  
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The cops are public enemy #1 in America.
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