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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   Interrogated and Detained at IAH for Photographing (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1118895-interrogated-detained-iah-photographing.html)

FriendlySkies Aug 23, 2010 9:17 pm

Wow, what a report. Thanks for posting! I'm sad to see what's become of this country. I guess Innocent until proven guilty no longer comes into play? It sounds like the TSA motto, Guilty until proven innocent, or whenever we choose.

^ for standing your ground! I hope you do get the media involved!!

PhlyingRPh Aug 23, 2010 9:22 pm

Houston, I think we have a F@#$I#$ problem!
 
I read another thread about a gentleman being arrested at IAH for apparently carrying literature that likely clashed with a CBP's personal religious beliefs. I also just got off the phone with my better half who tells me that she just spoke with a friend who knows the owner of one of the largest Halal meat shops in Houston. Apparently, a couple of days ago, one of his butchers, returning from Pakistan was thrown in jail for arguing with some CBP pig who was making a huge deal about the set of meat cleavers and other butcher-type paraphernalia that was safely locked up in his checked baggage. Obviously, hearsay at this time as far as this forum is concerned, but I thought I would put this out there to stir the pot as it were, and to point out that there appears to be something not quite right in Houston (beyond the obvious, that is).

PhoenixRev Aug 23, 2010 9:24 pm


Originally Posted by SATTSO (Post 14534528)
I am only responding to what was post by the OP. As of yet, he has not post any evidence the BDO's lied, or any other evidence to support any of your other claims.

I'll respond to that, and change my opinion and what I say, if and when he post other evidence, such as a police report.

If the story told by the OP is accurate and leaving any assumptions aside, please educate me on what exactly the OP did that would constitute a need for a TSO to summon an LEO?

SATTSO Aug 23, 2010 9:27 pm


Originally Posted by T-the-B (Post 14533899)
I tend to agree with SATTSO that some of the proposals here sound a little harsh.

I'd like to try another tack if SATTSO is willing.

Assuming that the OP gave an accurate account of the events we have the following:

1. TSA screeners approach person on the non-sterile part of the airport while said person is engaged in perfectly legal activity. The screener questions the person about his activity and requests him to present identification.

2. Upon being rebuffed, screeners call LEOs. We don't know exactly what they report but it is sufficient to make the LEOs decide a response is necessary.

3. LEOs detain, question and search the person, seizing his property, despite his having broken no law and in the absence of any reasonable, articulable suspicion that he had or was about to commit a crime.

4. TSA screeners remain in the area and coordinate with the LEOs during the detention, search, questioning and seizure.

SATTSO has argued, quite persuasively, that much of the proposed punishments for this behavior is extreme and disproportional. I would appreciate hearing from SATTSO as to what punishment would be appropriate for both the TSA screeners and the LEOs.

There seems to be some confusion about what I have post - I think. I have not yet resonded to what punishment such BDOs and LEO's should receive, if they have indeed violated any laws or codes of ethics. I have ONLY responded that the families of such LEOs should NEVER be punished, as that is not what a democracy is about, to put bluntly.

But I will address you question, and first note the following. Your points:

2. Upon being rebuffed, screeners call LEOs. We don't know exactly what they report but it is sufficient to make the LEOs decide a response is necessary.

3. LEOs detain, question and search the person, seizing his property, despite his having broken no law and in the absence of any reasonable, articulable suspicion that he had or was about to commit a crime.

What did the BDO's in your story tell the LEOs? Did they present to the LEO's "articulable suspicion" as to why the person should be questioned? And, honestly, what exactly is "articulable suspicion"? Is it one standard that everyone must apply, with no room for subjective interpertation, or is is a fluid concept?

Now to answer you question:

If the BDO's lied, they should be fired, and brought up on charges of giving false statements. And if that is true, I am sure the BDO's are then targets for civil suits, which they deserve, if they lied.

If the LEO's were lied to by the BDO's, did they fulfil their job in "good faith"? This would not be the first time that LEO's have been lied to by someone so that another person is arrested and put through that misery.

If the BDO's did not lie, and the LEOs conducted the interrogation of their own will - I really do not have an answer. You may not like it, but honestly, I do not know what authority LEO's have and do not have to conduct such an "interview" (to put the term mildly). And if the BDO's did not lie, I do not think they should be punished.

However, if the LEOs did violate clear law, they should be charged with whatever crime that is, and dismissed from the force. And of course, be the subject of civil action as well. But no, their children should not be "castrated", as one fool suggest, nor should their families be ostracized, as another person suggest.


Hope that answers your questions.

FriendlySkies Aug 23, 2010 9:29 pm


Originally Posted by SATTSO (Post 14534670)
...If the BDO's lied, they should be fired, and brought up on charges of giving false statements. And if that is true, I am sure the BDO's are then targets for civil suits, which they deserve, if they lied....

rotflol!

You think that TSA would fire some of their most talented employees? :rolleyes:

SATTSO Aug 23, 2010 9:41 pm


Originally Posted by FriendlySkies (Post 14534680)
rotflol!

You think that TSA would fire some of their most talented employees? :rolleyes:

Where did I say I thought this would happen?

I was asked a question, I answered it honestly, and seem to be ridiculed. Nice ;)

FriendlySkies Aug 23, 2010 9:45 pm


Originally Posted by SATTSO (Post 14534722)
Where did I say I thought this would happen?

I was asked a question, I answered it honestly, and seem to be ridiculed. Nice ;)

Even if they did lie, and this was the punishment, do you think TSA would follow through?

Wally Bird Aug 23, 2010 9:46 pm


Originally Posted by SATTSO (Post 14534722)
I was asked a question, I answered it honestly, and seem to be ridiculed.

You're not being ridiculed. You know damn well the BDOs involved here will suffer no consequences whatsoever, after all the whole BDO 'science' is super-secret and infallible, yes ?

As for them being terminated, I rotflol as well.

SATTSO Aug 23, 2010 9:54 pm


Originally Posted by FriendlySkies (Post 14534739)
Even if they did lie, and this was the punishment, do you think TSA would follow through?

I wasn't asked what TSA WILL do; I was asked what i thought the punishment should be, and I answered. And then there was your response to what my answer was...


Originally Posted by Wally Bird (Post 14534744)
You're not being ridiculed. You know damn well the BDOs involved here will suffer no consequences whatsoever, after all the whole BDO 'science' is super-secret and infallible, yes ?

As for them being terminated, I rotflol as well.

When did I say that was what would happen to them?

And I guess since you would laugh too, you don't think they should be terminated? Honestly, if they lied, they should be fired. Even if you don't agree.

DevilDog438 Aug 24, 2010 3:16 am


Originally Posted by SATTSO (Post 14534670)
There seems to be some confusion about what I have post - I think. I have not yet resonded to what punishment such BDOs and LEO's should receive, if they have indeed violated any laws or codes of ethics. I have ONLY responded that the families of such LEOs should NEVER be punished, as that is not what a democracy is about, to put bluntly.

But I will address you question, and first note the following. Your points:

2. Upon being rebuffed, screeners call LEOs. We don't know exactly what they report but it is sufficient to make the LEOs decide a response is necessary.

3. LEOs detain, question and search the person, seizing his property, despite his having broken no law and in the absence of any reasonable, articulable suspicion that he had or was about to commit a crime.

What did the BDO's in your story tell the LEOs? Did they present to the LEO's "articulable suspicion" as to why the person should be questioned? And, honestly, what exactly is "articulable suspicion"? Is it one standard that everyone must apply, with no room for subjective interpertation, or is is a fluid concept?

Now to answer you question:

If the BDO's lied, they should be fired, and brought up on charges of giving false statements. And if that is true, I am sure the BDO's are then targets for civil suits, which they deserve, if they lied.

If the LEO's were lied to by the BDO's, did they fulfil their job in "good faith"? This would not be the first time that LEO's have been lied to by someone so that another person is arrested and put through that misery.

If the BDO's did not lie, and the LEOs conducted the interrogation of their own will - I really do not have an answer. You may not like it, but honestly, I do not know what authority LEO's have and do not have to conduct such an "interview" (to put the term mildly). And if the BDO's did not lie, I do not think they should be punished.

However, if the LEOs did violate clear law, they should be charged with whatever crime that is, and dismissed from the force. And of course, be the subject of civil action as well. But no, their children should not be "castrated", as one fool suggest, nor should their families be ostracized, as another person suggest.


Hope that answers your questions.

Under what authority did the TSA personnel approach the OP in a non-sterile area of the airport, ask any questions and/or demand presentation of any ID? From all of the CFR items that I have read, TSA has no authority in the landside portions of the airport prior to the TDC at the checkpoint.

IMO, the TSA personnel overstepped their authority and started an illegal investigation leading to further violations by the HPD. That they retained their involvement after the HPD got involved further implicates the TSA in the entirety of the event. I would be talking to a lawyer to determine what my legal recourse would be under Bivens against ALL parties involved in the detention.

raistlin Aug 24, 2010 4:17 am

Hi there,

as a frequent non-citizen visitor, this is the kind of things that give me nightmare about visiting the US.

Thanks for sharing. :td:


Originally Posted by ND Sol (Post 14529460)
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.

FYI and future reference, examination of the memory card of the photo device by an expert could have told you this, provided you didn't browse through the memory card yourself after getting it back.

I would have gladly volunteered my services, but I live a bit too far ;-)

MiPilot Aug 24, 2010 4:57 am

This is the thing, it is not unlawful to take pictures inside an airport. The TSA has even stated on their website that they do not prohibit photography at checkpoints. Per website: http://www.tsa.gov/travelers/airtrav..._pictures.shtm

I am sorry for your experience!

WillR Aug 24, 2010 5:03 am

As another frequent visitor the the United States, a big :td: to this overbearing and bullying abuse of power.

The chilling effect the LEO's conduct has on constitutionally protected activity should be clear.

Also; How is it possible that you can be not free to go, but not under arrest? What law would permit that? (By local LEO; I understand that many federal agencies have essentially discretionary powers of detention)

halls120 Aug 24, 2010 5:39 am


Originally Posted by SATTSO (Post 14534722)
Where did I say I thought this would happen?

I was asked a question, I answered it honestly, and seem to be ridiculed. Nice ;)

Given that it is nearly impossible to fire a federal employee, perhaps that prompted the OP's disbelieve at your solution.

kochleffel Aug 24, 2010 6:36 am


Originally Posted by nrr (Post 14532863)
In the late 70's I entered East Berlin through Check-point Charlie. At the time I was a camera buff and had lots of camera equipment with me (two camera bodies, zoom lenses, telephoto lenses, etc.). When I approached the American side of the check-point, I told them I had all this equipment and was fearful I would run into trouble on the other side of the wall. The US military agent said that I should not take pictures of the wall, as my only restriction. When I approached the East Berlin guard, he asked me to open my bag, he looked in and just waved me on (he didn't even pause for a second:)). I took photographs all over EB. At one point using my 400mm (about 18" long) telephone lens I was photographing a harbor and looked up and noticed that I was in front of a police station and a uniformed officer was looking down at me, I just continued to take photographs and wandered along.
PS: That same summer I was hassled in Amsterdam by the hippies in Dam square when I photographed the area and in La Defense shopping center when I tried photographing the interior.

Most of the pictures that I took were in East Berlin - crossing through Checkpoint Charlie without a guide, I was never told not to photograph anything. The warnings came from a guide (more of a minder considering that he was useless as a guide) in Leipzig and Weimar.


Originally Posted by exbayern (Post 14529436)
Er, in America one is still permitted to enter airport terminals even if not flying.

My local airport, a small one, encourages non-flying visitors. There is no shopping and there's only one restaurant (but it's decent). What it has is conference rooms in a convenient, central location for people who are driving in from anywhere in the region. There is no charge to use the conference rooms and the management validates parking.


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