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How much should you charge for a photograph?Phil Mocek's Video Still Infuriating Despite his Legal Victory Against TSA
I've been pretty much off my computer these last two days, traveling through various Colombian mountain towns, spending time with family and taking excellent photos and videos.
Tonight, I am dead-tired and was planning on calling it an early night because I have to wake up early to visit some Colombian salt mines.
But after viewing Phil Mocek's video that got him arrested at a Transportation Security Administration checkpoint, my blood is boiling.
Even though I had reported on the story in 2009 when it first happened and I reported on it last week when he was cleared of all charges, I had not seen the video until tonight.
The arrogance. The insolence. The ignorance dispalyed by the Albuquerque police officers and TSA officials is infuriating.
One of these assholes even reached out to grab Mocek's camera.
Another asshole claims that he was violating TSA's rules and regulations by shooting video.
And another asshole claims you are not allowed to shoot video because it is a federal checkpoint.
The assholes were named in an Infowars article:
Visible and audible in the airport video are Mocek, Albuquerque Airport Police Department officers Robert F. “Bobby” Dilley (badge number 116), Landrow “Wiggy” Wiggins (badge number 137), and Julio A. De La Peña (badge number 135), and TSA staff LTSO Jonathon Breedon, TSM Gerald Romero, STSO Anthony M. Schreiner, Greg Martinez, and BDO Laura Moots.
Mocek's case is important because he is the first person to openly test the TSA policy on photography and it got him arrested.
A jury last week acquitted him of the charges of disorderly conduct and concealing his identity.
But I suspect there are many more TSA officials and police officers who are still clueless about our rights to videotape the checkpoint areas in airports.
So we need to continue testing the system to educate them because they are obviously not being trained by their superiors (and our tax dollars).
I'll be sure to have my video camera handy when I return from Colombia this Sunday. And God help the asshole who tries to prevent me from videotaping
.
Comments
That's what happens when you give someone a tin badge and a gun, or in the TSA's case.. just a tin badge. In most cases their so called limited authority goes to their head.
It's hard for one to believe that once the "tin badgers" have been told (in one way, shape, or form), "it's NOT illegal to photograph in public places", that they would easily (and conveniently), forget that fact.
This alone is simple to prove.
Remember when you were just a young child growing up and were told "NOT to run out in the middle of the street and play with traffic" because your little body would be run over and go splat? You never forgot that. Why? Because obviously you're still around to read this post.
That being the case, "WHAT EXCUSE" can the tin badgers use when they act (and do the illegal things), the way that they do?
That means that there is only one reason (and one reason only), for their actions (not only against the general public).. but knowing that their actions are "LEGALLY WRONG"!!
For one reason or another, they feel that their tin badge and gun automatically makes everything they say and do not only correct, but being the last word to end all (because "they're the authority with gun and badge"), and questioning it as such is NOT allowed!
What other reason could be given? There is NONE!
Rail Car Fan
The POLICE CAN DO NO WRONG!!!
That is a great pic of you, Johnny! :) Nice car too.
Johnny here's a better pic for you given the nature of your comments.
He should have been charged him with trespassing.
Bart he had a ticket and was in a public place, he had the right to be there and film and the court upheld that. Do you have trouble reading?
To be fair, people with buttons for eyes can't read very well.
its not nice to make fun of TSA officers, even if they are morons. The next time, the principal make you stay after school
I watched the video Brian. They told him to leave and he refused.
the jury found that even without rebuttal, the TSA and Albuquerque police had failed to satisfy their burden of proving any of the four charges: concealing his identity, refusing to obey a lawful order (it was never entirely clear whether this was supposed to have been an order to turn off his camera, an order to leave the airport despite having a valid ticket, or an order to show ID, none of which would have been lawful orders), trespassing, and disorderly conduct.
Bart-you don't have to obey unlawful orders. What part of that don't you understand????
Johnny Keppel.
Powning noobs on Xbox since late 2009.
Bart Keppel wrote, "I watched the video Brian. They told him to leave and he refused."
At what time in the video do you believe I was told to leave, then refused?
I was never told to leave. Officer Dilley repeatedly told me that if certain things did or did not happen, I would be escorted out of the airport. Eventually, he said, "Alright, let's go. You're being escorted out." In the next four seconds, I said, "I don't understand," and then began walking. I did not refuse any order from the police. Officer Dilley demanded to see documentation that I was unable to provide, and I told him such.
pmocek, that is extremely interesting and makes good case study for law students. Bart said "... They told him to leave and he refused". As pmocek correctly said "I did not refuse any order from the police". pmocek was never asked to leave, but the quick inncorrect interpretation was that he was asked to leave and refused, which is wrong.
The big point is that pmocek is a US citizen traveling within the US and does not have to show identification if he doesn't want to. The TSA can ask for it, but as pmocek points out, he does not have to provide it. That is our right under the 4th amendment: we do not have to show identification while traveling in the US if we are US citizens. The TSA thinks they have that authority, but do not. "Concealing identity"? what sort of ridiculous charge is that? He doesn't even have to provide it!
I'm going to check out our little airport soon. We have about eight flights in and out a day. A lot of traffic. At any rate, I hope the handcuffs don't chafe my wrists. LOL
Carlos!
Thanks for having the guts to report on the harassment of people exercising their First Amendment rights by police and other government thugs. I didn't know that video and photo journalists had to deal with this crap on a national level. I didn't know about any of this until I found your site, now I check it often to find out what other harassment is going on!
www.davidagomez.com
I agree with you on the video being infuriating because of the ignorant TSA agents.
I will put $ that Carlos will get arrested. I just hope that you have the $ for bail, and a lawyer.
Set up your paypal account for your legal defense fund.
Remember be polite, be firm, don't raise your voice, or use obscenity.
And ask them if the tin badges, if their grandmothers would be proud of their behavior.
First time on the site? :)
Again it shows the length that people in power can not be trusted to take their jobs seriuos enough to do their jobs correctly and learn what is law and what is not. Plus that their supervisors put them to work with out proper training. I wish they would give Carlos a television show opposite Cops to Show us And them How Stupid our police can be. Keep up the great work.
Again it shows the length that people in power can not be trusted to take their jobs seriuos enough to do their jobs correctly and learn what is law and what is not. Plus that their supervisors put them to work with out proper training. I wish they would give Carlos a television show opposite Cops to Show us And them How Stupid our police can be. Keep up the great work.
I wish Carlos would take his work more seriously. Who's going to respect his opinion when he is calling people "assholes" repeatedly in his articles? If he truly wants to bring about change in the attitudes among law enforcement with respect to filming, Carlos should remain professional and unbiased. Otherwise, he's just another screaming self interested protester. Good for a show. Not good as a respected individual in his field.
well thats yours and I have mine, and mine is that it is a good choice of words and its fits good what they are, i am sure it aint the worse they could and have been called. MF's could be another! Carlos, i say keep calling them "assholes" because they are and dont listen to stop doing that, please.
mark, what would you call them? what do you think would be politically correct?
the assholes should be in jail, that may show them that what they are doing is wrong, other then that, i say fk them assholes!
Those guys were assholes. What do you want? Truth or bullshit?
I want a little professionalism from a paid "journalist". It is easy to call people names and post videos. Anybody can do that. It takes skill to write well and stay unbiased.
Those "assholes" are people with feelings and families, who obviously acted in the wrong from a legal standpoint. Do you think that if they knew the law and the consequences of their actions that they would have arrested that man? Calling them assholes implies that they were consciously trying to break the law and violate that man's rights. Do you really think that is true? Or do you think that they were merely ignorant of the law? I think it is the latter. If you want to break through that ignorance, it helps to write your articles in a fashion that doesn't insult the people you are trying to inform. Imagine an anti-drug program for teens that has the slogan "Don't do drugs you little bastards!" More examples:
"Buckle up, dickwad!"
"Stay in school, moron!"
"Reduce, Reuse, and Recycle, retard!"
You get my point. Keep out the insults and stay with the facts.
"well ya cant always get what ya want, but ya get what ya need" i for one, raise my hand and vote for truth, "assholes" was used and there was nothing wrong with that, if the media had more truth, perhaps we all would not be needing to put up with all the bullshit? loads of crap in the media these days! "if ya cant stand the heat, get out of the kitchen" mark! heya MARK, by the way, have you evre read the miamitimes, seems in have seen a few choice words in that publication.
And yes MARK, i do think that they know what they are doing is illegal, but they dont give a shit! they are suppose to be enforcing the LAW, how the hell can they do that if they dont know the LAW? And by some chance, they dont know the LAW, "ignorance of the LAW is no excuse"! and before you go anywhere with that, I happen to bellieve that is to a point "bullshit"!
@marksand
"Calling them assholes implies that they were consciously trying to break the law and violate that man's rights. Do you really think that is true? Or do you think that they were merely ignorant of the law? I think it is the latter."
Mark, in the words of a blogger I follow, "Wow, really?"
You think they are unaware of the law? I think perhaps they are fully aware of the law and are directed to act otherwise.
I find it refreshing to hear the truth, and enjoy the free speech of people not willing to fit into your corporate box.
Just say'in.
@Canadian Girl
I have to agree with you that I believe they are completely aware of what they are doing and are told by their superiors to hassle people anyways. But even if they were unaware, the ability to look up the law quickly through a simple google search is so easy that to be unaware of the law is negligent.
Ignorance is not a defense. And never has been for regular citizens, it should not be a defense for government workers.
Since you appear to object to the term "asshole", which be perfectly applicable to the aggressors sans their tin badges, perhaps you'd feel more comfortable with the decriptor of "criminal"?
Any government agent acting outside the scope of law is by definition acting illegally, and thus we have all sorts of interesting crimes being committed upon the videographer, not the least of which is assault and kidnapping.
18 USC 241 for starters, since there are multiple aggressors, and Bad Elk v. United States for a little legal precident regarding illegal actions by police (though you'd end up gunned down without a second thought if you actually asserted your legal rights - is that what it's going to take?).
assholes, plain and simple
Maybe we are just being too hard on the TSA... 'cause, you know, they are kind of new to this security stuff, and all, and, well, maybe if they were a little better organized... yeah, that's it....
http://washingtonexaminer.com/blogs/beltway-confidential/napolitano-want...
Because we all know that once they are unionized, the union leaders will ensure that all members are trained, and will hold them accountable for this sort of stupidity! No, really...
yes i am new to the site and i love it. it stirs one up and as i have had limited contact with police i am amazed at the abuses ocurring.
try Injustice Everwhere.com. i read it everyday to keep the hate white hot
Carlos they are not at all clueless about our rights, they know exactly what they are doing and do this everyday.
did he countersue?
I wasn't sued; this was a criminal trial.
"immunity from prosecution"
them that make the LAWS do so, to do nothing but protect themselves from us when they are nothing more then morons and THUGS with a badge!
the general public need to know they have the power that seems to have been taken from them by OUR law makers! Alot of what they do to us is fraud, and it sure seems to me that there is no immunity from that, where ever it comes from, and whomever crosses the line of FRAUD!
Does it make any bit of sense to anyone here that a LAW may be created to protect anyone that does that to anyone else in this great nation? I say no!!
Let the judges that would rule otherwise, share a prison cell with them, instead of being allowed to let this happen!
pmocek: it really makes me angry when people dont even know basic things like.
This judicial system of ours wasnt created in a way to protect anyone from crime, but was created to protect people from even being prosecuted/arrested when they have done nothing illegal! It seems that thru time, everyone has forgotten this, or even. never knew it in the first place. It is public record that there are cases where someone was in prison for 20yrs+, then it was found out that they were innocent of the charged crime. After that, how, i ask, is one to get a life back that was taken?
and they will continue to do this each day until they are beaten down in court or personally used for assault/false arrest etc.
and yes Johnny Law, I know sometimes they have immunity from prosecution
Michael,
I agree that the officers and TSA were in the wrong here 100%. If you work in the airport, you need to be 100% aware of the rules regarding photography. They should have just left him alone since he was not getting in their way.
I was under the impression that you need to show ID to get at ticket but I think that is airline rules and not a law.
It's so stupid. The cops were first going to escort him out, and then they go one step further and arrest him. Why do they further escalate the situation?
Why? Because they were fully aware that they had violated this mans constitutional rights and had used the color of authority to do it. That is a federal crime. Their only chance at that point was to place him in a cage, Terrorize him into taking a plea deal with the DA. To cover there asses. It didn't work. lets see if this guy has the courage to go to the FBI and file charges, that is the only way to make them stop.
You only show your ID to the airline if you are piking up your tickets from them. Most of the time you can print your tickets out at home if you want. Even if you use the electronic kiosks at the airport, they only require the credit card used to purchase the tickets to be swiped. Your drivers license can be used too, but I don't think the machine compares it to your face....yet.
To board the airplane, you are not "required" to have an ID for domestic flights, but you still have to prove your identity before the TSA will let you board. I think this rule is only in place because certain people (the poor and homeless and the forgetful) might not have government issued ID's on them. In which case, the TSA will ask you questions and call people you know that will vouch for your identity.
Moral of the story, show your ID if you have it.
Marksand, have you ever read that rule? All I've seen are press releases, blog posts, and "tips for travelers". Where's the law that requires people to identify themselves in order to avoid having their movement restricted?
The problem is that the DA is protected by absolute immunity, the only way to make this stop is to start charging the District attorneys when they clearly and maliciously charge people like this who have broken no law. Then and only then will this stop.
I think I'm gonna find the Prosecutor and post his bar number and all that on my website.
Just like the TSA, or cops, you don't have the luxury of
anonymity if you're working on taxpayers dollars.
What's so hard about turning to the cops/bozos
who started this mess and saying : Look, I can't prosecute based on this. And even if I did, I can't win.
Prosecutor should be charged and brought into a u.s.district court, thing about that is it would prolly not go far!
Heya joe, please do that, i would love to poke that SOB a few times online that is of course! when they start getting heat for what they are doing and now figure out, alot out here are watching what they are doing, they may think twice before doing to the next victim! When someone knows they may very well lose a job or go to jail or something, they tend to not do what gives them that risk!
Joe it goes without saying, i am with you 100%+3! a few judges out there deserve that kind of exposure! local and fed level!
The reason why you want to use such colorful language in a public space where your privacy is non-existant is because of libel/defamation laws. You can be sued if you call someone inept, dangerous, criminally reckless,etc...but if you call them a gigantic overzealoused nazi asshole from the 4th dimension of douchebag, it's your very lack of professionalism that saves you from legal woes. Also, it just drives the point home when adults use adult language to describe adult issues.
What boggles my mind is that this blog is dedicated to illustrating injustices and publicizing the freedoms we enjoy as photographers. And yet some people are offended enough by the appropriately used word 'asshole' appearing three times in an article. Let me Shakespeare up another phrase for your delicate senses whilst continuing my credulity and professionalism, yet drive home exactly what I want to say.... Go Forth and Reproduce Thyself.
Just to be clear, the officers are with the Albuquerque Aviation Police, not the Albuquerque Police Department (APD). Marshall Katz is the aviation police chief and the person to complain to.
Wow he refused to show ID what an American hero.
Thanks. If resisting the U.S. government's system of restricting people's movement by requiring them to identify themselves and wait for permission to proceed is heroic, I wish there were more "heroes" willing to push back. This blacklisting is shameful. Members of the executive branch of government should not get to secretly decide who gets to travel and who does not.
What if the people with the power to put names on a "no-fly" list didn't like the reason for which you wanted to fly?
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