mkt

The honest answer? Our government (which is ironically a pro-US/pro-Statehood one at the moment) really just doesn't care.

They're more interested in pandering to a scared population willing to give away its rights, and the most pragmatic approach appears to be to limit rights. The difference between PR and the US post September 11, is that we aren't scared of terrorists; we're scare of being shot in the head by some thug.

I'm certain that very little of what they've done would survive a constitutional challenge in federal court, but no one's done it yet. And the second they do, the Puerto Rican political machine (believe me when I say that Chicago is squeaky clean in comparison) will marginalize the person to such an extent that they will either have to leave the island and restart their life elsewhere, or the PR Justice Department will find someone in their background to pounce on and file charges.

The will is there, but the fear here is real. I'm pretty open about my criticisms of the local government, and it has hurt me financially. I don't even bother bidding for local government contracts, since I will not be considered

Superguy

What about the OP's right to privacy too? And the fact that if they went thru his SD card and erased files. They took it from him. That's a search and siezure. They had to see what other things were on there too, potentially violating his privacy as well.

I can't imagine the PR constitution or laws don't recognize that, and it's certainly a 4th amendment issue to the US constitution.

I'd also think that destroying evidence of something of a legal nature also wouldn't fly in PR either. I could be wrong though.

yandosan

Yeah, I agree, what about my right to privacy. I had some personal
stuff on that memory card and I shudder to think the cretins
went through all 200 photos and videos, or what sort of creepy
database my photos would have been put into if I had not
demanded the memory card back. For what, using my camera???
I suppose they don't have a Fourth Amendment or a Fifth Amendment in
Puerto Rico either...fer cryin out loud...

zitsky

I won't say you were asking for it, but were you really surprised at their reaction? TSA really doesn't like photography of any kind.

mkt

Interesting reading materials.

http://www.justice.gov/crt/about/spl..._exec_summ.pdf

http://www.aclu.org/police-brutality...ts-puerto-rico

The US flag may fly in Puerto Rico, but this is not the US you know and love: this is the third world in regards to crime and justice.

knotyeagle

I did not know that. Maybe that is why BDO (psychic reader) Paul Rose at Colorado Springs (COS) and I spent an hour together after I took this photo of him & Kathy Larson.



When passing thru Colorado Springs (COS) be sure and ask BDO Paul Rose why he feels people cannot take photos of him in a public area. I would suggest doing so while recording.

Pesky Monkey

Hi Paul and Kathy!

Affection

That may be what usually happens in practice, but it is not the law. The PR constitution is subserviant to the US constitution, just as the constitution of any US state is. Any decision to the contrary can be appealed to the US Court of Appeals for the First Circuit, and then to the US Supreme Court, both of which, I assure you, will not give deference to the PR constitution when it comes to enforcing first amendment rights.

--Jon

mkt

Did you read my previous posts? I stated that in a federal court, first amendment would win. But in a local court, they wouldn't even take it into consideration.

And I even consulted separately with 3 different attorneys who are presently licensed to practice in Puerto Rico and federally, all who agree with what I posted.

As far as the popular view here, the US constitution is overwhelmingly viewed as a joke. How can a country that professes freedom, keep us colonised with no real option for self determination (congress decides - not us)?

catocony

While some residents of Puerto Rico might view the Constitution as a joke, it is in fact the law of the island. Feel free to take the Nationalist Party bleatings elsewhere, since this forum is to discuss travel issues. And those issues are clear cut. You seem to state that the OP would be in trouble with the "local" courts. Well, who really cares, since it's a Constitutional issue, and as another poster has already stated, Federal law trumps any state or territory law. Puerto Rico is no more able to nullify Federal law or anyone's Constitutional rights than any of the 50 states and DC are. And, no local law regarding privacy rights trumps a basic freedom outlined in the Constitution and backed by the federal courts.

The OPs rights were violated as much in San Juan as they would have been in Omaha or Kansas City. Further, as TSA is a federal agency, they are not run by the local government or airport authority.

yandosan

Thanks for the discourse. I am the OP and learning a lot about the
law here. Carlos Miller kindly posted my (recovered) video here:
http://www.pixiq.com/article/tsa-con...ing-checkpoint since people were asking to see it.


BTW I don't know if the ladies were actually TSA. Maybe DHS or something.
Definitely some sort of higher-ups contacted by the TSA staff.

Affection

Let me be more clear: no matter what a local court thinks, a federal court can overturn them. So, if the OP is convicted of a crime in local court by a judge who ignores OUR constitution, after (or perhaps even before) he exhausts his appeals to the highest court in PR, he can ask the federal court for a writ of habeus corpus requiring whomever is holding him to release him. The same effect can be had in a civil court with a writ of mamandus.

No court in the United States, including its territories, may ignore the constitution with impunity. Except the US Supreme Court, of course.

--Jon

mkt

Obviously I've been playing devil's advocate here.... I live here, I know our culture, I know our police, and I have way too many attorney contacts that I had to raise the question with them. I posted their replies So my apologies to those that were offended at the thought process in this little rebel island.

For the record, I've been regularly hassled, and one time even detained and handcuffed for photographing on the Tren Urbano (San Juan's Metro).

Maybe the TSO's also misunderstood this? (link en Español) - http://www.fotografia101.com/prohibi...s-en-san-juan/

mkt

I finally watched the video, via the Pixiq link, and if the woman in question is an LEO, I believe she is PRPD because:

1. Terrible English (IME, most PRPD officers don't speak English)
2. Lack of visible ID/badge (Quite a common occurrence with PRPD when being recorded)
3. The PRPD logo on the golf cart

Either way, I've contacted PRPA, in hopes of a definitive answer as to whether or not there is a local rule at SJU prohibiting photography at the airport.

mkt

And I just got my answer from the very friendly and polite PRPA press representative.

Photography and videography at PRPA airports for non-commercial purposes are allowed in public areas, except at security checkpoints.

Permits are required for commercial purposes, no exceptions as far as security checkpoints.

Feel free to call and verify: +1 787-729-8715