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Seattle man acquitted of disobeying TSA agent
page: 1share:
Seattle man acquitted of disobeying TSA agent
www.komonews.com
(visit the link for the full news article)
ALBUQUERQUE, N.M. (AP) - An Albuquerque jury has acquitted a Seattle man who refused to show his identification to Transportation Security Administration officers at a New Mexico airport.
Mocek was facing several charges, including failure to obey an officer and concealing his identity. He was found not guilty of all charges on Friday.
Related News Links:
blog.seattlepi.com
open.salon.com
blogs.seattleweekly.com
phil.mocek.org
edit on 22-1-2011 by verylowfrequency
because: (no reason given)
Chalk one up for the freedom loving humans!
I didn't realize the TSA has no authority to require that we provide ID's.
Bravo to Phil Mocek for not only challenging the TSA, but for beating them in court for that and the trumped up disorderly conduct, concealing his identity, refusing to obey a police officer, and criminal trespass charges.
While I do have a problem with the molestation & groping that the TSA does at the checkpoints, I've never considered showing my ID a problem. Now that I think about it though it is part of the intimidation factor they use to get you to obey them as you would a LEO.
Not sure it's worth going to jail for and missing a flight, just to prove a point.
Curious how long before there will be a new law created to require such ID checks.
www.komonews.com
(visit the link for the full news article)
I didn't realize the TSA has no authority to require that we provide ID's.
Bravo to Phil Mocek for not only challenging the TSA, but for beating them in court for that and the trumped up disorderly conduct, concealing his identity, refusing to obey a police officer, and criminal trespass charges.
While I do have a problem with the molestation & groping that the TSA does at the checkpoints, I've never considered showing my ID a problem. Now that I think about it though it is part of the intimidation factor they use to get you to obey them as you would a LEO.
Not sure it's worth going to jail for and missing a flight, just to prove a point.
Curious how long before there will be a new law created to require such ID checks.
www.komonews.com
(visit the link for the full news article)
edit on 22-1-2011 by verylowfrequency because: sp
I really do hope this case will now be a precedent and example for all future cases involving the T.S.A with similar cases. The T.S.A's job is to
screen for bombs and weapons. Thats it. They are not police officers.
Little known fact is that there is no law that requires you to submit your ID to TSA when you board a plane. This just enforces that and these guys
already knew that when they wen't to the airport. Let's see how long it'll take them to whip one such law up.
Interesting article, and it bears weight, as the ramifications have a far reaching effect on more than just the TSA. In states that are or have
sanctuary cities, it is against the law in many of these places for an officer to ask for some form of ID. This was upheld in the 8 circuit federal
court, during the lawsuit against the state of Arizona, for its controversial anti illegal immigration bill. As this is the case, any such law that
is brought up, and passed, will have to go through the courts, to overturn that judges ruling and the law makers know it. So it will bear to watch
and see how this plays out in the courts.
Not sure it's appropriate to add this to my first post, though it could of been found following links.
Response of Phil Mocek with some pertinent facts.
Video of authorities attack for his video taping of the indecent.
Wow amazing.
Response of Phil Mocek with some pertinent facts.
Video of authorities attack for his video taping of the indecent.
Wow amazing.
reply to post by verylowfrequency
About time.. TSA really needs to understand they are not all comissioned Officers. While I see the need for security and precautions, some of the "rules" are about idiotic.
At the same time, the population is not making this any easier either. The system we have in place is inadequate in terms of airport / airline safety. It has been proven that profiling does work, yet the term is taboo here in the states.
Until a happy middle of the road approach is found, I predict we will see more court cases with the TSA on the losing end.
About time.. TSA really needs to understand they are not all comissioned Officers. While I see the need for security and precautions, some of the "rules" are about idiotic.
At the same time, the population is not making this any easier either. The system we have in place is inadequate in terms of airport / airline safety. It has been proven that profiling does work, yet the term is taboo here in the states.
Until a happy middle of the road approach is found, I predict we will see more court cases with the TSA on the losing end.
In Canada it is against the law for any peace officer to demand your identity unless there is evidence you are involved with criminal activity or
being asked to produce a license while operating a vehicle. I have fought and won a charge of obstructing a peace officer for refusing to identify
myself and am now bring up two criminal charges, a bylaw charge and a civil suit against five RCMP officers regarding the incident.
reply to post by verylowfrequency
There are definitely Penal Codes that deal specifically with Airport Screening and sterile areas in CA, 171 PC, I learned the hard way. Educate yourselves before trying a stunt like this to avoid a headache. There is a line drawn in the concrete at airports that change it from PUBLIC to PRIVATE. That's why paparazzi can't follow GODWORSHIP worthy celebrities to their gates anymore.
There are definitely Penal Codes that deal specifically with Airport Screening and sterile areas in CA, 171 PC, I learned the hard way. Educate yourselves before trying a stunt like this to avoid a headache. There is a line drawn in the concrete at airports that change it from PUBLIC to PRIVATE. That's why paparazzi can't follow GODWORSHIP worthy celebrities to their gates anymore.
Originally posted by dainoyfb
In Canada it is against the law for any peace officer to demand your identity unless there is evidence you are involved with criminal activity or being asked to produce a license while operating a vehicle. I have fought and won a charge of obstructing a peace officer for refusing to identify myself and am now bring up two criminal charges, a bylaw charge and a civil suit against five RCMP officers regarding the incident.
Its the exact same way here in the States. Any voluntary contact by LEO's are just that, and as such the other party is free to ignore us and walk away. The only time we have a right to that info is when we are investigating a crime.
So where is the accountability? They violate his rights, drag him thru the court system unlawfully and all he gets is a "OK your free to go now,
sorry for the misunderstanding, we made a mistake"? So...they go back and continue to violate the next person in line because there's no
reprucusssions for their unlawfull actions. His rights have clearly been violated but no ones being held accountable? This is wrong, we
collectivelly as law abiding citizens need to start standing up for our rights and holding the people that violate them accountable, until that
happens this will not only continue, but get much worse till we have no rights left to fight them with. "Stand for what you believe in even if it
means standing alone."
reply to post by nephilimDNA
I found some of these codes interesting. Even though we have certain rights in the penal code, TSA and LEO's rights tend to always trump, go figure.
www.aroundthecapitol.com.../pen/000 01-01000/142-181
I found some of these codes interesting. Even though we have certain rights in the penal code, TSA and LEO's rights tend to always trump, go figure.
www.aroundthecapitol.com.../pen/000 01-01000/142-181
While I understand peoples argument, TSA in this case is not acting under color of law, so their was no civil rights violation as people would
perceive it. This is one of the reasons TSA is able to do what they are doing, in addition to the airports being private property.
The charges essentially fall under the guise of - Their version of events, your version of events.
Now, with all that being said, whats the solution? What can be done to protect those people who want to fly against those people whohave no issues blowing up a plane for whatever deranged reasons they come up with in their warped little minds?
The charges essentially fall under the guise of - Their version of events, your version of events.
Now, with all that being said, whats the solution? What can be done to protect those people who want to fly against those people whohave no issues blowing up a plane for whatever deranged reasons they come up with in their warped little minds?
edit on 22-1-2011 by Xcathdra because: (no
reason given)
reply to post by verylowfrequency
I think that identity should be required; However.. It should not be a crime to not show it.
Airport security should be optional. If you don't want to do it, then you don't fly. Sending people to jail or fining them is insane and a violation of the constitution.
I think that identity should be required; However.. It should not be a crime to not show it.
Airport security should be optional. If you don't want to do it, then you don't fly. Sending people to jail or fining them is insane and a violation of the constitution.
Originally posted by Xcathdra
While I understand peoples argument, TSA in this case is not acting under color of law, so their was no civil rights violation as people would perceive it. This is one of the reasons TSA is able to do what they are doing, in addition to the airports being private propertyeditby]edit on 22-1-2011 by Xcathdra because: (no reason given)
This is not entirely true. TSA has no prohibition of filming or photographing at checkpoint screening area's, unless local and state laws state otherwise and unless you are interfering with the screening process, which he was not. He was only exercising his legal rights within the law, which was proven in court, I assume. His rights were clearly violated under their own description of the law.
edit on 22-1-2011 by mtnshredder
because: (no reason given)
edit on 22-1-2011 by mtnshredder because: (no reason given)
reply to post by mtnshredder
We are saying the same thing, but since TSA is not a commissioned federal officer, they are not acting under color of law.
42 USC 1983 - Civil Rights Violation
What I am saying is if I arrest you as a Police Officer, and I intentionally violate your rights, its a true civil rights violation since I am acting under color of law.
If you walk onto Hospital property (pruvate, just like an airport), and security tells you to leave and you refuse, they can detain and charge you with tresspassing. You can fight the charges, just as you could above, but since it came from a party not operating under color of law, your civil rights were not violated.
Another example - As a Cop, if I come to your house, kick in your front door and search you and everything there with no warrant, I violated the 4th amendement.
If some drunk comes to your front door, kicks the door in, and search you and everything there, he would be guilty of numerous criminal offenses, but there is no 4th amendment violation, since he is not acting under color of law.
We are saying the same thing, but since TSA is not a commissioned federal officer, they are not acting under color of law.
42 USC 1983 - Civil Rights Violation
What I am saying is if I arrest you as a Police Officer, and I intentionally violate your rights, its a true civil rights violation since I am acting under color of law.
If you walk onto Hospital property (pruvate, just like an airport), and security tells you to leave and you refuse, they can detain and charge you with tresspassing. You can fight the charges, just as you could above, but since it came from a party not operating under color of law, your civil rights were not violated.
Another example - As a Cop, if I come to your house, kick in your front door and search you and everything there with no warrant, I violated the 4th amendement.
If some drunk comes to your front door, kicks the door in, and search you and everything there, he would be guilty of numerous criminal offenses, but there is no 4th amendment violation, since he is not acting under color of law.
Some added info in this thread i started a few days ago about the TSA having no right to ask you for ID.
It's illegal for the TSA to ask you for ID when flying, and they know it?
They'll find a way around it though, they usualy do.
CX.
It's illegal for the TSA to ask you for ID when flying, and they know it?
They'll find a way around it though, they usualy do.
CX.
reply to post by Xcathdra
What about the public officer that was called to the scene, he's acting under a color of law isn't he? I wonder how they look at that as far as, jurisdiction and civil duty of the different agencies? There lays a gray area I believe, or maybe not, IDK without digging. Do you know by chance?
What about the public officer that was called to the scene, he's acting under a color of law isn't he? I wonder how they look at that as far as, jurisdiction and civil duty of the different agencies? There lays a gray area I believe, or maybe not, IDK without digging. Do you know by chance?
combine this with the woman who won a "substantial amount" in a lawsuit because they pulled her blouse down, and it looks like the TSA is starting
to lose on all fronts. Way to go America, you may have hope yet.
Originally posted by mtnshredder
reply to post by Xcathdra
What about the public officer that was called to the scene, he's acting under a color of law isn't he? I wonder how they look at that as far as, jurisdiction and civil duty of the different agencies? There lays a gray area I believe, or maybe not, IDK without digging. Do you know by chance?
It would depend on their involvement. The charges look like they were coming from the TSA. It will depend state to state as some states will allow a private individual to actually sign the citation, and other states require the officer to sign the citation, but proof would still fall on the TSA to make their case.
Since the call was not intitiated by Law Enforcement, its an agency assist. Again it depends on the state / local laws and agency policys.