Man Detained For Two Hours After Photographing Lounging TSA Staff

[Bob Hubbard]

A man who attempted to videotape the name tag of a TSA official was assaulted, detained and threatened with arrest Saturday if he did not delete the video.

First, a TSA official confronted him, attempting to smack the cell-phone camera from his hand.​

Then more TSA officials responded, including one who attempted to wrestle the phone from his hand.
​

Trying to get real cops involved didn't help. He was ordered to destroy evidence, threatened with arrest, had his confidential information shared by the officers with all askers, had one of the officers continue to destroy evidence, and was run through the ringer as a retaliatory action.

A Port Authority police supervisor eventually showed up and threatened to arrest him unless he deleted the videos.​

Lyon said he finally deleted the videos when one of the officers pulled out his handcuffs and walked up behind him.​

Once I deleted everything - supervised by two police officers and the guy from the TSA - they again forced me to show them that nothing was left on my phones or camera. During this, one of the officers activated the camera on my android phone and (I think) wiped out the recording of the TSO hitting me. I tried to show them this video before deleting it - Officer Prior watched it and told Officer Bruckner to look at it, but when I showed it to him, he just started screaming that I must "delete that too, or you're taking a ride with us now!"​

I think Officer Prior realized that the video showed exactly the opposite of what he had just been told by a gaggle of TSA officers.​

Once everything was deleted, Officer Bruckner calmed down and gave me a lecture about wasting his time. During this, he told me how much he and his officers hate the TSA and that he hates it even more that half-informed people like me cause him to have to back them up. He then demanded that "his guys" "run every damn database on this guy" before sending me on my way. That took about 2 hours, all of it spent standing in the terminal and near the air train. It appears that the slowest search was the FBI. As soon as that came up clean, I was sent on my way.​

During this time, the police had my driver's license. In addition to their records, they allowed the TSA, the IAT people and an unknown person to copy all of my information. The TSA guy (in the red shirt from the video above) called and started a "SAR" on me, and loudly said to someone near him that "we should put that guy on the no fly list".
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http://www.pixiq.com/article/man-detained-two-hours-for-photographing-tsa-checkpoint
http://www.flyertalk.com/forum/trav...k-t4-assaulted-tso-filming-forced-delete.html

My issue is the forced deletion of the footage.
My opinion of the TSA continues to decline.

 

[Archangel M]

http://www.panynj.gov/press-room/media-access.html

The Port Authority reserves the right to restrict videotaping and photography at its airports. Videotaping in runway and taxiway areas at all airports is prohibited at all times. Videotaping and photographing at security checkpoint areas operated by the U.S. Transportation Security Administration is prohibited without the consent of the TSA

Note that the Port Authority is saying that THEY don't allow taping of the TSA without their consent. Not that the TSA itself has a policy against it. Here the TSA may be taking advantage of a Port Authority policy that states that the PA will enforce a no taping rule when the TSA calls. A fine point, but one that MAY hold up.

The forced deleting however is a separate issue. Make the arrest if you have to and take the camera as evidence, let him go with a warning, or get a warrant.

From the TSA's blog.

However… while the TSA does not prohibit photographs at screening locations, local laws, state statutes, or local ordinances might. Your best bet is to call ahead and see what that specific airport’s policy is.

It looks like they play some sort of games with MOU's with local agencies. Not a position I'd like to be in...glad I'm not a Transit Cop.

 

[Bob Hubbard]

We can argue that the TSA's publicly stated policy of allowing it would indicate it was consented to.
But, the average TSA screener has no idea about that, and they will in fact make it up as they go.
We can argue rights, etc too. In the end, it needs a court decision to decide.
I assume PA cops are real cops and not rent-a-cops?

I think though, legally speaking, outside of security cases I don't think they can prevent photography, anymore than my local mall where it becomes a trespassing case IF I don't leave when ordered to, but where they still can't touch my camera or film. I'm being brief here, trying to juggle a few things tonight.

My only issue here is the forced deletion of evidence. I find it interesting in light of the recent Miami PD policy that specifically restricts their officers from doing this.
Firstly, I wouldn't think it would have to be a policy.
Secondly, I'm curious if many other PD's have specific policies towards such things.

 

[Archangel M]

I think that within the Airport property the Port Authority/Transit Police have the authority to enforce airport policy. In my neck of the woods Transit Cops are "peace officers" and have jurisdiction within their delineated area of responsibility.

TSA policy is a separate issue. As far as I know the TSA is a separate entity in most Airports which are either locally or state owned (not the Feds). The Transit/PA cops are "the man" in most airports I believe.

I agree with the forced deletion part though. I don't know how they thought they could do that...unless it was phrased as "delete them or we will arrest you" and the photog decided not to push the issue.

 

[Bob Hubbard]

I'm of the opinion that such an order however constitutes an "unlawful order" as cops do not have the authority to demand such.
AFAIK.
If so, I'd be curious on actual laws cited as the Photography Attorneys state cops need a warrant to even touch the film/media, and that deleting images is basically destroying evidence.
(long reads on a few photo sites. I think most are in the sticky in the photo forum.)

Personally, I'd go the 'safe' route.
Delete, swap cards, run recovery software later and post like crazy.


Of course, once that trick gets around, there'll be a lot of 'cop stole my camera' storys going around I'm sure.

 

[Archangel M]

I'm of the opinion that such an order however constitutes an "unlawful order" as cops do not have the authority to demand such.
AFAIK.

Oh I agree...but if I said that some cops wouldn't prefer to make the whole thing go away by deleting the images and sending the guy on his way I'd be lying. Even though there appeared to be a lot of "arm twisting" here I think that in the end the photog "willingly" deleted the photo to avoid getting arrested. He could have stood his ground, kept the photos and been charged.

Assuming that the PA did indeed have the authority to do so.

If I were in that PA cops place I very well may have told the guy (if I knew the policy) "look this is the PA policy...I have the authority to charge you..but personally I don't want to. So...you can delete the unauthorized photos and go on your way or I will charge you." It's somewhat of a discretionary fine line and the policy/regulations better back you up.

Much like when we let some kids pour out their illegal booze or baggie of weed and send them on their way.

 

[billc]

I think these guys have just asked for more people to try to sneak recordings of them. It was probably a big mistake to do what they did to this guy.

 

[MA-Caver]

I think these guys have just asked for more people to try to sneak recordings of them. It was probably a big mistake to do what they did to this guy.

Yeah, and if TSA is REALLY lucky they'll actually get in trouble for the stuff that does successfully get by them, video or otherwise.

Threatening arrest if he didn't delete. Geez wonders what next.