Man Cleared of All Charges Stemming From TSA Arrest over Video

January 22, 2011 @ 12:39AM

Man Cleared of All Charges Stemming From TSA Arrest over Video

He was also cleared of charges of not providing identification as a condition to travel

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Phillip Mocek, the man who taught us that we do not need identification to board a plane, was found not guilty today of disorderly conduct, concealing his identification and refusing to obey a police officer.

Mocek, a frequent traveler, attempted to board a plane on Nov. 15, 2009 in Albuquerque without having to show his identification.

He most likely had his ID. He just didn't want to show it because he knew something that many of us at the time did not know. That there is no law requiring us to surrender our ID to Transportation Security Administration officials as a condition to board a plane.

That was just typical hogwash the TSA fed us, kind of like when they say we are not allowed to videotape checkpoints.

Speaking of which, Mocek's traveling companion, Jesse Gallagos. began videotaping his arrest and ended up getting detained himself and banned from the airport for 24 hours, meaning both men missed their flights.

Prosecutors tried to convince the jury that these men went to the airport with "an agenda" to make cops look stupid, which I can assure you, can be done without an agenda.

Not that having an agenda is anything illegal.It is just proper planning.

Defense attorneys countered that this case was about videotaping cops, which shouldn't come as a surprise to readers of this blog.

According to The Albuquerque Journal.

Defense co-counsel Nancy Hollander countered, in her opening statement, that the case was about filming.

"It's about the fact that Mr. Mocek was filming in a public place where he had a right to film. ... He decided to film the process as he went through the TSA checkpoint."

She said there is no law that prohibits filming in the airport or at the checkpoint -- although the TSA states that local or state laws may prohibit the practice or the TSA may ask someone to stop if they are "interfering with the screening process" or taking photos of certain monitors.

"The other thing that I suppose we all learned from this case ... is that even though there are signs up that say you're required to have a government ID to travel, you're really not required to have a government ID to travel," Hollander said.

Comments

Roger

1 year ago

This is New Mexico, people tend to be a little touchy about being told what to do and there rights. In spite of people moving here from Calf.I was not surprised at the Jury's ruling.

Jim

1 year ago

Now that he has been cleared it is time for the civil suit suit in which he is compensated and brought back to whole for the time, lost wages, hotel stays, lawyers fees etc.

And then the federal case of Mocek V. DHS, in which the government fires each and every employee that was part of this case, gives Mr Mocek the monies that each and every one of those employees was paid from the time of the incident up until now.

And then recoups its money by suing those employees.

This way rent a cops will be understand that they can no longer pull the old claim of "just doing my job" when they usurp our rights. Now they will actually have to pay.
As for their families, sorry, but your husband/wife is a moron.

Yup, and then I wake up from my nice dream...

P.S, I flew on Jan 3rd and 7th between PDX and SFO, never showed ID, never was patted down. Was asked to go for pat down in SFO after refusing to show my ID and the little Mexican guy saw my big ass coming and waved me through lol. Guess he did not want to fondle a 6 foot 4, 400 pound mans balls.

Bart Keppel

1 year ago

Not guilty doesn't mean innocent, just means there wasn't enough evidence to prove it beyond a reasonable doubt. A lot of guilty people are found not guilty.

Clark

1 year ago

OH GOOD GRIEF ARE YOU SERIOUS!?!?!?
If there's NOTHING ILLEGAL about what they're doing, then NOT GUILTY certainly means innocent!

Elliott

1 year ago

Bart,
Don't be a bonhead. It is rare for someone to be found innocent. Since NO LAWS WERE BROKEN not guilty = INNOCENT.

The TSA broke the law by violating his rights and making demands they didn't have the legal authority to make..

Some guilty people are found not guilty, and some poeple should never have been in court to begin with, these people are in the latter category..

Rail Car Fan

1 year ago

Have you noticed that "Bart Keppel" has a tendency to think along the same lines as "Johnny Law" does!? Makes you wonder now.. doesn't it?

Rail Car Fan

Michael Kerney

1 year ago

Well, Johnny Law liked to use that cop from the 60s-70s TV show Adam 12 for his blogger picture, Dr. Bart Keppel was a bad guy played by the late Robert Culp on a Columbo episode...

Hey, remember "Oscar Finch?" Also a Columbo villian, it turns out...

Johnny Law

1 year ago

Yes because it is beyond the realm of possibility that there might be a few other people out there who aren't black helicopter police haters.

Michael Kerney

1 year ago

...that are all curiously obsessed with 70s cop show characters.

hhamlet

1 year ago

aw shucks...

We don't hate. We are just jealous of your black on black crime 'copter. And that you get to cruise the crime skies free as a bird while surfing the web. In your starched and fitted flight suit with matching pearl handled Glocks and Ray Ban Aviators.

You do. You have a Tom Selleck mustache too don't you.

p.s. How are the crime drones working out for you?

Michael Kerney

1 year ago

Aw, don't hate on that fine "aircraft division" of Johnny's. He's really proud of it:

Johnny Law

1 year ago

Nah Magnum PI staches are out now. The new look is a military styled buzz cut or a completely shaved head. It helps emphasis the new militarization of the police force. We also love wearing t-shirts with automatic weapons and guys in Kevlar helments.

We haven't gotten the crime drones yet. We spent all our grant money on taser shotguns and armored vehicles. Don't mind the rumbling from the street. It is just our SWAT raiding another house for unpaid taxes.

Man you guys crack me up.

hhamlet

1 year ago

There you go.

Put a few rounds through the baby and/or grandmother after executing a no knock warrant. 'Cause they went for your gun. A few more rounds through the family pet. Confirm you are at the wrong address. Beat the home owner senseless after restraining him anyway since you are already there. High five. Call it a day and have a cup-o-joe as you fly into the sunset.

Michael Kerney

1 year ago

A shaved head also makes it easy to disguise hair loss from steroid abuse, which also makes it hard to grow a real cop 'stache, I imagine.

Frank

1 year ago

Johnny Laws's Dictionary

Black helicopter police hater n. 1. Anyone who doesn't like it when bad cops manage to escape punishment, either by legal trickery, union contract, or just plain hiding behind the badge. Can be either associated with liberal ACLU moonbats or conservative Tea Party (see Teabaggers) moonbats.

Common Sense

1 year ago

So, does this mean that someone could fly within the US under a different name?

For example, could I use a non-refundable ticket that a friend purchased for himself?

Harrassed in NM

1 year ago

I doubt if this will change the attitudes at the airport. They will continue to intimidate travelers as before. The Aviation Police work for the Aviation Director who reports to the Mayor. Marshall Katz (former longtime APD cop and ran for sheriff once) is the chief. They receive so much money from DHS though that they will be loyal to their "sugar mommy" (Napolitano, who graduated from Sandia High in ABQ by the way.) I can't stand to go out there, try to avoid the place.