Freedom to Travel Event, Part 3

[Dreepa]

Actually I think that some of the people here are anti-govt.

And if ZAF(sic) had read through all these posts they would have learned that Kat wanted to do her protest about IDs next month!!!

Yes Friday there are quite a few threads about Kat being Anti-cell phone.

If ZAF would lay out his/her/its questions I sure someone could answer them but Lloyd is right... no need to feed the troll.

Mike I have read your posts from the start...you hardly sound aggressive.  You quote Gandhi at ever passing how could you be aggressive?

[ravelkinbow]

you may have a point, but yes don't feed the trolls.  I should know better about that 

[Lloyd Danforth]

We all should......But, they just keep sucking us in!

[Elvis]

you may have a point, but yes don't feed the trolls.  I should know better about that 

Please heed that advice, folks.  Otherwise, before you know it, this forum will denigrate to the level of the FSP forum, where half the posts are from a kid named Green.  People keep responding, so he keeps posting, even though he's already proven his logical impairment over and over...

[Michael Fisher]

Well, Russell's in Rockingham County Jail.  He'll probably be released on Monday at noon after his 11am arraignment.

The TSA said he is being charged with the Class B Misdemeanor of Criminal Trespass, with no chance of jail time and a fine of up to $1,000.

That's funny because a manicure is a Class A Misdemeanor with 32 days in jail.   

Russell and his family were very brave.  I told Channel 9 that he is a hero and far more brave than myself. 

[ravelkinbow]

Thanks for the update, do you know if any of the ABC networks are airing the story, wanted to know if we could see it here in MASS .  Or if not when it is available could you post a link to what ever news paper prints it.  Thanks

[SethCohn]

The TSA said he is being charged with the Class B Misdemeanor of Criminal Trespass, with no chance of jail time and a fine of up to $1,000.

http://www.gencourt.state.nh.us/rsa/html/LXII/635/635-2.htm

TITLE LXII
CRIMINAL CODE
CHAPTER 635
UNAUTHORIZED ENTRIES
Section 635:2
    635:2 Criminal Trespass. ?
    I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
    II. Criminal trespass is a misdemeanor if:
       (a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
       (b) The person knowingly enters or remains:
          (1) In any secured premises;
          (2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
          (3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
    III. All other criminal trespass is a violation.
    IV. As used in this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

Source. 1971, 518:1. 1979, 377:7, eff. Aug. 22, 1979.

HOWEVER:

This session, SB156 has passed the House and Senate (awaiting the Gov's signature?  Will start 1/1/2006), raising the bar to a felony for future offenses:

http://generalcourt.org/bills/2005/SB156-FN/text

[Michael Fisher]

Pictures:

Russell is surrounded by police and TSA agents after refusing to cooperate with the secondary screening requirement for those without an ID.

Russell is arrested by a large group of police and TSA agents and escorted to the airport law enforcement office before being sent to Rockingham County Jail.

[Michael Fisher]

Yep, he was arrested for "Criminal Trespass" for nothing more than refusing to comply with new post-9/11 travel restrictions.   

[SethCohn]

I AM NOT A LAWYER AND THE FOLLOWING DOES NOT CONSTITUTE LEGAL ADVICE, ONLY PERSONAL OPINION.

    I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

If Russell's defense is that he _was_ privileged to due so, on the basis of his ticket and right to travel, he should plead not guilty.

    II. Criminal trespass is a misdemeanor if:
       (a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
       (b) The person knowingly enters or remains:
          (1) In any secured premises;
          (2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
          (3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
    III. All other criminal trespass is a violation.

NONE OF THIS PART MATTERS, even if he was told to leave by someone in authority, if he isn't guilty of _the crime_ of criminal trespass because he _did_ have the right to travel, and a valid ticket (which to any reasonable person would certainly constitute some privilege, or how else do you get to the plane?)  All that section does is define what level of crime it is, misdemeanor or violation.

[Michael Fisher]

I'm pretty sure Russell said he will plead guilty.  He feels like I do about this subject.

Also, if he claims innocence, it's a Class B Misdemeanor anyways, so there will be no jury trial.

[Michael Fisher]

Russell approaches the TSA checkpoint, refuses to show ID, and his boarding pass is marked for extra security screening.

A TSA agent is harsh with Russell for refusing to give up his Bible and take his shoes off.

[John]

" . . . no chance of jail time . . ."  ???

He's in jail right now.

[GT]

My guess is the TSA will probably add an additional fine.

TSA Penalties:
C. Other Security Violations by Individuals or Persons
1. Interference With Screening (49 C.F.R. ? 1540.109)   
a. physical contact  $1,500-$5,000
b. non-physical $500-$1,500
c. false threats  $1,000-$2,000

2. Entering Sterile Area Without Submitting To Screening $1,000-$3,000 49 C.F.R. ? 1540.107   
         
3. Tampering or interfering with, compromising, modifying, attempting to circumvent, or causing a person to tamper or
interfere with, compromise, modify or attempt to circumvent any security system, measure, or procedure. 49 C.F.R. ? 1540.105(a).$2,500-$6,000

[Michael Fisher]

" . . . no chance of jail time . . ."? ???

He's in jail right now.

He's only in jail because they were required to arrest him for breaking the law, and because he said he'll refuse to pay bail.

He'll be in jail until Monday only because I believe judges only accept arraignments on weekdays.