Interrogated and Detained at IAH for Photographing
#16


Join Date: May 2006
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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?
#17
FlyerTalk Evangelist




Join Date: Jan 2005
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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:
It is called a "Complaint/Compliment Data Form." The blank form has the following at the bottom:
#18
Original Poster




Join Date: Sep 2003
Location: Houston
Posts: 8,957
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?
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.
Here is the link to the TSA Form.
#20




Join Date: May 2009
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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.
Please keep us posted on any new developments. I hope you choose to pursue this further.
#21
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Was there any evidence that they viewed or tampered with your photos without a warrant?
#22


Join Date: May 2006
Location: GSP
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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.
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.
#23

Join Date: Sep 2006
Posts: 6,964
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.
#25

Join Date: Sep 2006
Posts: 6,964
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
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
#26
Join Date: Sep 2005
Location: GNV which is not where we would like to be :)
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#27
Original Poster




Join Date: Sep 2003
Location: Houston
Posts: 8,957
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.
#29
Suspended
Join Date: May 2005
Posts: 4,953

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.





