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How much should you charge for a photograph?Testing the TSA Policy on Photography at Miami International Airport
On the day before Thanksgiving, what is supposedly the busiest day of the year for airline travel, a friend and I ventured to Miami International Airport to test the Transportation Security Administration's policy on photographing security checkpoints.
We were also there to see if anybody had opted-out of the controversial scanners that allow TSA officials to see through people's clothes.
We expected to encounter crowds and chaos and all sorts of madness, but the airport appeared to be running very smoothly, which is rare for MIA on even the slowest traveling days.
Officials reported that nobody had been opting out, but we also noticed at least two machines were not even being used.
As far as videotaping the checkpoints, we were confronted twice by Miami-Dade police officers.
The first time, my friend, Tony, handed the officer the printout from the TSA website that states that photography of checkpoints is allowed.
The officer took the printout and walked off to find out for himself and when he returned, he apologized and told us we were correct.
The second time we were confronted was not so smooth because the officers' insisted on seeing Tony's identification, which he refused to provide since he was not being suspected of committing a crime.
The officers left me alone because I was wearing a press pass that contained my name and photo.
The officers ended up escorting us out of the airport, then contacted their lieutenant to see if Tony had the right to refuse to provide his ID.
The lieutenant informed them that Tony did, in fact, had that right, so they apologized and left us alone.
It was a positive experience because all the officers we dealt with remained professional and courteous and they actually took the time to research the law.
Comments
My impression that it was positive all around. It was educational for the officers and that, I'm sure was part of the reason for this.
Good work guys...
yes phil, i agree with you, that some times this not being the case, its good to hear of officers acting like the ones that they encounted at the MIA that day. indeed educational for all! and now if no one minds ill take my shot, MB police could learn something from those at MIA that have the task of being there in the role of Law Enforcement.
Soon I'm going to find out how educated folks at our local airport are. It's a small one and we only have about 10 outbound flights a day but we still have a TSA checkpoint. Last time I used it, there were all of 5 people going to LA.
I wonder how easy my wrists get chafed? LOL
I'm glad you have a decent experience but I am disappointed that they had to refer all the way up to their LT to determine the law on photography in the airport.
At least they did check to find out instead of assuming they knew better.
Indeed. Way too many cops have this Sylvester Stallone/Judge Dredd "I am...DA LAW" attitude that makes life extremely difficult for those who don't carry the tin-plated patent of nobility.
I think a lot of the lack of slowdown on that day had to do with
a.) TSA has MANY extra people working the rush in any case
b.) in most airports they had the scanners off or at least mostly unused, anyway.
Why did they even have to "research" the law? When they are hired they should already KNOW the law. Especially as it applies to something as common as a Terry stop.
icetrey:
that is one thing that has confused me a tad thru the years, now think about it, your expected to know the LAW, [just a person just off the street, Mr. john doe public, what they say? "not knowing the LAW is no excuse!"], but the ones that are hired to enforce the LAW arent? i mean wtf! can anyone explain that little tibit to dumb ole me! what seems to be happening is they, LEO's, are making up the LAW as they go, and that i think really SUX, and should be illegal!
Well I agree that a LEO should be as knowledgeable as possible about the law, it is really impossible to have 100% knowledge about *every* law. Look at the size of a state's book of laws and factor in that new laws are added every year by the state government.
I know that when I got off patrol and spent several years working narcotics, I got behind the curve on many new laws such as traffic violations and domestic violence. I occasionally have to ask other officers about a new or changed violation.
With that being said, I would expect these officers to know the rules about videotaping in an airport IF they work that assignment regularly. If they never deal with the airport, then I can understand the confusion.
i can see where photography might not be explained clearly to LEO but stop and ID? get real
Wait a minute, are you trying to say police are human and not robots that have all new laws downloaded on a regular basis?
Come on surely not, from the reactions I have seen on this blog I expect no mistakes at all from any LEO ever.
LEO are also human and make mistakes, come on! k, now that your beyond that, the officer could have come up to someone and said perhaps, I dont believe your allowed to video here at MIA. I say if the LEO is not positive that they know what the rules/law is, they need not to just attempt to mentally rough some one up to get someone to comply, that is where i believe the "police state" starts. the truth being that most will just comply and move along and not even challege it! anyone else agree?
ahhhh... I was being sarcastic.
thank you for being the officer that you are, i think we could use a few more. your last line rings very true, and being that they did not know and when found out the truth, they admitted they were wrong. seems the truth was that they didnt work it often and flat out didnt know, and they didnt at any point try and bully the public, this is good! any chance you want to relocate and retire down here in our very sunny sunshine state?
And the first part of what you say is true, there should be a, i didnt know the "law" defense, even ESQ.'s dont know all the laws that are on the books.
Worth noting: The TSA never gave them trouble. It was Miami-Dade PD that kept coming over.
The TSA was ON THEIR VERY BEST behavior because they feared an all out revolt...come on everyone...we all know that after all the hoopla. Now they are right back to doing what they do best....intimidating and demoralizing people.
Good work, Carlos! How do we find out in which states we would have to provide ID? Thanks.
So the officers detained the photographer twice, without any basis in law, and it was a positive experience because they were polite about it and ULTIMATELY admitted they were wrong?
When citizens have to teach the police the law while they are being unlawfully detained, I guess it's positive if the police are willing to learn, but it is setting the bar awfully low.
Yes it's sad the police have to be taught, especially for something as basic as a Terry Stop, but this situation was a lot calmer than some situations and the officers were open to the idea they may be wrong.
I think I should add that in Oregon one does not have to identify themselves even in a Terry Stop. Only if one is being cited or arrested. This is not true in all states. I don't know about Federal law...
Way to go. There will not be any accountability
until people test the limits of the rights.
Every time guys like Miller go on the 1st Amendment
prowl they risk imprisonment, beating, and
harassment. Truly, the Rosa Parks of the hi-tech era.
And if the TSA can't handle someone videotaping them,
to hell with them. Shame on them for not knowing the rules and wasting people's time over a legal behavior.
If Carlos fully differentiated the difference between a lawful and unlawful order, and complied with all lawful orders, i truly believe that he could fight back if the officers tried to rough him up - from a legal perspective.
Of course, he'd be charged with assault on a police officer and battery and all sorts of other stuff, but if there's proof he complied with lawful orders and did not comply with unlawful ones and therefore beat up a cop who unlawfully tried to detain him... see?
But yes, peaceful noncompliance is a much safer (although still a bit of risk of personal and property harm) for most photography activists.
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