Rogi

What about a public street or building that is part of a university in a state that allows CCW? I was under the impression that the university can ask you to leave if you are carrying and if you refuse, then that is trespassing. But it wasn't automatically trespassing if you weren't asked to leave.

ND Sol

I was wrong about the statute in that they have booked him under City of Albuquerque ordinances (except the disorderly conduct, which is State), but I think they are basically the same as the state statutes.

Now I am curious as to why he was booked under city ordinances except for the one State one. The city also has a disorderly conduct ordinance.

N830MH

Yes, he did and he will get his first-degree of misdemeanor charge and trespassing into the sterile areas. He does not have any proper ID & BP through at security. If you see someone who does not have any without authorization ID badge or boarding pass and it will be subject to be arrested as trespassing charge.

FliesWay2Much

Wirelessly posted (BlackBerry8830/4.5.0.138 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

Well, well... Isn't it a strange coincidence that Blogdad Bob just happened to post about reminding us holiday travelers that we can still fly if we forget our IDs? About two minutes after, somebody probably in the next cubicle posted a puppy response.

He's baiting us, folks, and buying time before Phil's debacle bites the TSA's posterior.

ArizonaGuy

We're all speculating but if this was an ID check at the TDC, he was NOT in the sterile area. The previous poster who said he a person asked to leave and refused to do so seems more likely.

ND Sol

From Blogger Bob:

May not be able to fly? That is chilling.

Ben Livingston

Hi folks. I'm a member of the nonprofit group that sent Phil to the International Drug Policy Reform Conference in Albuquerque. I've been working on getting Phil out of jail since Jesse called me around 1 p.m. Sunday.

I can't speak for Phil, but I'm guessing he, quite simply, felt like declining to show his ID was the right thing to do, not because he felt like making a case against TSA. I think what really triggered things was when the supervisor discovered him recording (or taking photographs, I don't know) and called in the police. I think when the police arrived, the situation probably moved far beyond a point where dialogue, or even backing off one's position, could calm the many heads that had become involved.

Interestingly, I learned through this Philosecurity post that Phil had contacted the Albuquerque airport months prior -- and a number of other airports -- about photography rules at the airport, and specifically at the TSA checkpoint. The email dialogue between Phil Mocek and Susanne Spencer from the Transportation Security Administration is archived here on FlyerTalk.

When I spoke with the jail last night around 7 p.m. MST, they still had no record of Phil. The airport police told me earlier in the day that they wouldn't answer any of my questions (the officer, Paul, refused to even provide a last name). The lady at the jail was actually helpful, and after some research, eventually found Phil was going through the "booking process," but that it was taking a long time because he wasn't cooperating, and that he'd be done with that as soon as he cooperated.

I asked her what "cooperate" meant, and she explained that he was at the medical examiner's office, and refused to answer questions about what medications he might be taking, whether he was under psychiatric supervision, and so forth. I laughed to myself and thought, good luck with that. I'm guessing that Phil told them from the very get go, this is the information I believe I am legally required to give you -- name, address, date of birth -- and beyond that, I refuse to answer any questions. I was happy to hear that, 6-7 hours in to his arrest -- still undocumented in the Albuquerque police or jail systems -- he seemed to be standing his ground.

Currently, I and others are still working pretty hard to see Phil out of jail. I'm not sure what his intent is after he is out -- I have plan, train, bus and automobile options and pricing in the works. We're really just trying to get him and Jesse -- who is also stuck in Albuquerque, and though not in jail, had a pretty rough, sometimes freezing cold night last night while we tried to get our fax technology to a point where we could secure a hotel room in this oddly-fax-based world. The CDC folks in Seattle feel a bit like we left our boys behind, so to speak.

PTravel

Given this specific scenario, no, there is no legal basis for doing so.

ElPasoPilot

Lot's o' Google hits for Phil.

PTravel

Oy.

1. Immigration Officers are LEOs, i.e. they have the power of arrest and detention.

2. 4th and 5th Amendment rights do not pertain (at least to the same extent) at U.S. borders.

3. TSOs are not LEOs and do not have the power of arrest and detention.

4. TSOs are constrained to an administrative search which is confined to ensuring against entry into the sterile area with weapons, explosives or incendiaries. This search must be "minimally intrusive."

There is no comparison between what happens at Immigration upon entering the country and what happens at airports with respect to flying on a commercial aircraft.

I'm surprised you don't this.

PTravel

Excellent, excellent advice. Note, too, that Phil was arrested -- he shouldn't be talking to anyone but his attorney.

Trollkiller

From http://cdc.coop/tsa_arrest

DIFIN

Where have you been??? Bush got rid of habeus corpus under the (UN)patriot act.

goalie

but i thought that had to be ordered (i.e. warrant issued) by the d.a?

gj83

I say props! I wish I had the guts to do this, but i'm too passive-aggressive.