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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   questioned by a fam (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/430334-questioned-fam.html)

copwriter May 9, 2005 8:31 pm


Originally Posted by sbrower
I have had contact with LEO's in the airport about 4 times. In each instance they were called, at my request, because I disagreed with a TSA employee (most recent) or an airport employee. In every instance it has worked to my benefit. Why? Because even if I was being stubborn, a "real" LEO quickly figures out who is right, and who is wrong, and who is wasting their time. I am ariticulate and logical and, notwithstanding popular opinion to the contrary, most LEO's appreciate someone who is articulate and logical, even if the individual is being a stubborn butthead at the moment.

I concur completely. The cops are there to keep the peace and to resolve disputes. I think you will find the vast majority of them to be fair, professional, and reasonable.

Superguy May 9, 2005 8:42 pm


Originally Posted by copwriter
I concur completely. The cops are there to keep the peace and to resolve disputes. I think you will find the vast majority of them to be fair, professional, and reasonable.

And really only care if they have nothing better to do or someone dies.

vasantn May 9, 2005 8:52 pm


Originally Posted by copwriter
The post was in response to another member's new motto (I'm not going to look it up now, so forgive me if I don't get it exactly right) of "Arrest me or leave me the hell alone." If the officer is pursuing a legitimate investigation and has probable cause at that instant to make an arrest, he might very well decide to go ahead and do it. Only the cop that was playing the bully and was bluffing would be overcome by this tactic. The gravity of the offense would determine whether it was worth the time and effort required to go through with the arrest, but most of the cops I know would not readily back down just because someone got in their face.

I believe I gave some examples where there was prima facie evidence of a crime, but a brief investigation revealed that the situation was not as first suspected. This kind of thing happens all the time, and cops generally get the exculpatory information by asking questions. If you don't want to answer the questions, that's your right, but I have to look at that as indicative as a consciousness of guilt (unlike the courts, the cops don't have to operate on the foundation of a presumption of innocence). Given that a big part of the job is to find and investigate crimes and attempt to identify the people responsible for them, this is not an unreasonable course of action.

I may have taken your statement out of context.

My problem is that I've come across too many people in authority who, rather than acknowledging their mistakes, will try to bully you into submission. I've had a cop tell me that I'd better watch myself at night, because I made a legitimate complaint about him to his superior. And I'm basically a very lazy person; I don't have the energy to go around filing complaints unless there is a very real problem.

Just as your personal opinions and perceptions are colored by your background as a law-enforcement officer, so are mine as a civilian who has had less than enjoyable dealings with your fraternity :). I can see, if not agree with, your point of view; you should be able to see mine.

ClueByFour May 9, 2005 11:29 pm

Next time, don't volunteer the ID, and stick with the "am I under arrest" routine. They won't arrest you in that situation where you have quite clearly not done anything to place the flight, crew, or fellow pax in jeopardy. Plus, if it's not too late in the day, they may very well have another flight to catch.

The only thing you may want to try to do in the future is have a non-LEO and non-crew witness around when grilled by the overzealous FAMs. YMMV. The best approach (IMHO) would be to actually take your attorney on an M/R with you and troll for the FAMs again. That way, you can pull the old Thomas Crowne line: "This gentlemen happens to be my attorney." My humble bet is that would end the FAMs inquisition in very short order.


Originally Posted by copwriter
Unless you are very good at avoiding encounters with law enforcement officers, get used to hearing this phrase: "Please place your hands behind your back, palms together."

The cuffs are more comfortable in the car if you slouch down in the seat.

Yup. And my lawyer enjoys his fees more when paid in tax dollars. So?

You wonder why anyone of above-average intelligence automatically assumes that LEOs are power-hungry knuckle draggers? Those types of statements.

copwriter May 10, 2005 2:18 am


Originally Posted by ClueByFour
The only thing you may want to try to do in the future is have a non-LEO and non-crew witness around when grilled by the overzealous FAMs. YMMV. The best approach (IMHO) would be to actually take your attorney on an M/R with you and troll for the FAMs again. That way, you can pull the old Thomas Crowne line: "This gentlemen happens to be my attorney." My humble bet is that would end the FAMs inquisition in very short order.

You know, that actually happened to me once. I was investigating a crime report where the suspect was present, and was accompanied by his attorney, who had been having dinner with him. The incident ended in the suspect being cited into court and released, but not before he was handcuffed and searched. When all was done, the suspect said, "You treated me like a common criminal." His attorney looked at him and said, "He did exactly what he was supposed to do. Let's go." I've dealt with lots of lawyers, and they don't particularly frighten me. I don't think I'm unique in that aspect.

GradGirl May 10, 2005 5:11 am

Copwriter,

I can't help noticing that all of your, "... and then I arrested him after he challeged me" stories involve people who deserved arrest - they were publicly inebriated or were already suspects in a crime. I've never in my life been in either of those unfortunate situations.

If I hadn't done anything to be arrestable, you bet I'd refuse to answer questions. Anything I say can only get me into a worse place than I start if I start out lacking justification for arrest. Actually, I never said I'd actually *say* "Arrest me or leave me the hell alone." I said that was my motto, mostly developed as a result of the warrantless and unjustifiable searches of my body by the TSA. To an officer, I'd be respectful but still not answer any questions other than name, rank and serial number.

bdschobel May 10, 2005 6:50 am

Just keep asking, "Am I under arrest?" followed by, "Then am I free to go?" Repeat as often as necessary. Unless you are actually suspected of having committed a crime, you will walk away eventually. I speak from experience. By the way, there's no need to be nasty about it. Just ask these questions over and over again in a nice way.

Bruce

copwriter May 10, 2005 7:15 am


Originally Posted by GradGirl
Copwriter,

I can't help noticing that all of your, "... and then I arrested him after he challeged me" stories involve people who deserved arrest - they were publicly inebriated or were already suspects in a crime. I've never in my life been in either of those unfortunate situations.

If I hadn't done anything to be arrestable, you bet I'd refuse to answer questions. Anything I say can only get me into a worse place than I start if I start out lacking justification for arrest. Actually, I never said I'd actually *say* "Arrest me or leave me the hell alone." I said that was my motto, mostly developed as a result of the warrantless and unjustifiable searches of my body by the TSA. To an officer, I'd be respectful but still not answer any questions other than name, rank and serial number.

You seem to assume that cops regularly arrest people who don't deserve to be arrested. I don't think this happens very often. There are many, many instances when a cop observes something that appears to be evidence of criminal behavior, but turns out to be perfectly innocent. By refusing to answer any questions, you're denying the officer the information that is the most useful in making this determination. It's your choice, and it's certainly your right, but I don't think it's in your best interest, despite what others here might tell you.

A big part of the job of policing is resolving disputes. These are far more often resolved by mediation than by arrest. When I would encounter someone who had been the subject of a complaint by someone else, and they initially refused to speak to me, I would tell them, "What would you rather have - their word against yours, or their word against nothing?" Granted, if they had been in the wrong, it wouldn't necessarily be in their best interest to talk to me. But, most of the time, there's a little wrong on each side, and the truth of the matter lies somewhere in between the two accounts.

When we completed a call for service, we had to report a "disposition code" over the radio. Examples were "MA-1" (one misdemeanor arrest), "HOJ" (handled other jurisdiction - handed the case off to another agency), or "UTL" (unable to locate). By far, the most common one used was "AC" - advised and complied.

GradGirl May 10, 2005 9:12 am


Originally Posted by copwriter
You seem to assume that cops regularly arrest people who don't deserve to be arrested. I don't think this happens very often. There are many, many instances when a cop observes something that appears to be evidence of criminal behavior, but turns out to be perfectly innocent. By refusing to answer any questions, you're denying the officer the information that is the most useful in making this determination. It's your choice, and it's certainly your right, but I don't think it's in your best interest, despite what others here might tell you.

I understand what you're saying and it is reasonable. I think you and I are just picturing a somewhat different scenario. You're saying that you question people because they're suspected of doing something wrong and you're giving them a chance to clarify. I'm assuming I've done nothing that rises to the level of "appears to be evidence of criminal behavior" and therefore that as Bruce said earlier, there is a very high likelihood I'll be released if I keep asking if I'm free to go. Bruce's example was perfect - he was questioned by an officer for doing nothing more suspicious than walking to his car in a parking lot. Bruce was right to assume he wouldn't be arrested for such a thing.

The thing is, I don't foresee ever interacting with you, if you're a non-airport police officer. I don't run into trouble with police in my daily existence. The major exception is at airports. In my experience, flying is very likely to cause me unpleasant conflicts with the TSA, with FAMs, and with the whole gamut of intrusive private-parts-touching, improper-questioning, warrantless-searching, publicly-humiliating-the-innocent, papers-please authoritarians. It's my experiences at the airport that have made me defiant and resistant to help these agencies beyond what I'm compelled by force to do.

robodeer May 10, 2005 9:26 am


Originally Posted by GradGirl
and with the whole gamut of intrusive private-parts-touching, improper-questioning, warrantless-searching, publicly-humiliating-the-innocent, papers-please authoritarians.

say that three times fast.

channa May 10, 2005 9:35 am


Originally Posted by copwriter
I would tell them, "What would you rather have - their word against yours, or their word against nothing?"

That seems to imply they only have this one opportunity to speak, or forever hold their peace which is not the case. If you say that to someone who's scared or unsure of what to say (if anything), it may extract an unnecessary statement.

...just another reason people don't trust the cops.

copwriter May 10, 2005 9:57 am


Originally Posted by GradGirl
The thing is, I don't foresee ever interacting with you, if you're a non-airport police officer. I don't run into trouble with police in my daily existence.

The only way that you are likely to interact with me is if you are sitting next to me in the airport or on the plane. I haven't been a working police officer for over ten years.

copwriter May 10, 2005 10:01 am


Originally Posted by channa
That seems to imply they only have this one opportunity to speak, or forever hold their peace which is not the case. If you say that to someone who's scared or unsure of what to say (if anything), it may extract an unnecessary statement.

...just another reason people don't trust the cops.

I think you need to allow for at least the possibility that I was only trying to find out what happened, and didn't foresee having to arrest anybody. Your relationships with cops are far more likely to be adversarial if you start out expecting that they will be.

daw617 May 10, 2005 10:23 pm


Originally Posted by Doppy
TThe consensus (here, at least), is that you're not required to show ID to get into the sterile area. They'll give you a hard time, but the TSA will let you through.

That's accurate. I've done it quite a few times. The key word is "selectee".

ClueByFour May 11, 2005 12:57 am


Originally Posted by copwriter
I've dealt with lots of lawyers, and they don't particularly frighten me. I don't think I'm unique in that aspect.

The goal is not to frighten anyone. The goal is to ensure that one's presumption of innocence is intact and that one's rights are preserved in full.

Both of these things have been known to happen outside the company of counsel. It's amazing how much more attention seems to be paid to the proverbial rules in the presence of one's attorney.


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