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Today I got a summons from the LA Sheriff and added to the LA terrorism list (Long)

Posted by Easy on Sat Mar 18 20:02:12 2006

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For taking pictures of trains. How was your day?

I went downtown today to get a free ride on the new LAX flyaway bus from Union Station. I took some random pictures of the bus, the trip, downtown LA and of course a few trains. Nothing much. Only 27 pictures total. On the way home I took a picture of the blue line station at 7th/Metro and two pictures of the arriving train that I thought I would depart on. After taking the last picture I turned around there was a sheriffs deputy 3 inches away all up in my space. Our conversation went something like this:

"What are you doing?"

"Taking pictures."

"Why? Are you a tourist?"

"No, I'm just taking pictures."

"Do you know where you are? This is a subway. Do you remember 9/11?"

Yeah. I know."

"Let me see some ID."

"Did I do anything wrong?"

"I told you what you were doing. You can't do that since 9/11. Let me see some ID."

"What for? I didn't do anything wrong."

"Are you refusing to show me your ID? Do you want to escalate this?"

"No. I just want to know why."

"Turn around and put your hands behind your back..."

I asked to speak to his supervisor and he called his watch commander. While waiting three more deputies arrive. One seems to be passing time. Two are there to help control the situation. One of the two seems convinced that I'm a terrorist. Pictures of trains, pictures of buildings downtown. He's ready to haul me away.

The watch commander arrives after 2 or 3 trains (20 minutes maybe) and is VERY understanding. "Oh you're a train guy." There was no need for the deputy to handcuff me he says. The deputy should have explained himself better. I was on private property. I need to produce my ID expediently. This is a subway. You know 9/11. I explained that I didn't give my ID because I didn't want it to end up on some anti-terrorism list. "WELL, YOU'RE ON IT NOW", he says.

He explained that this is how it works. Taking pictures is in and of itself suspicious behavior. The deputy had a right to question me. If not satisfied with my answer, he has authority to proceed further and ask for my ID. He can take it as far as he thinks he needs to, but when I didn't produce my ID when asked, I was already breaking the law. He says "Even fare evaders have to show their ID when asked." Yeah, but they're breaking the law. I wasn't.

He says that had I given the deputy my ID originally MY NAME WOULD HAVE BEEN PUT ON THE LOS ANGELES TERRORISM LIST. In the event that there were a subway attack I would likely be investigated. That's exactly what I was trying to avoid I explain. He says that my name wouldn't have been forwarded to the "feds" unless my behavior was "really suspicious." He says that my name will now be put on the list. It was unclear whether or not my name would be forwarded to the feds. I hope that ther's no subway attack in LA. If there is I fully expect to have my door kicked down in the middle of the night and have my friends and co-workers questioned about my activities.

Anyway after our discussion the commander turns to the other deputies and says "He's free to go right?"

"No! Look at these pictures!" the guy that wants to haul me away says. They were all huddled around my camera at that point. Is that illegal searching? I never gave my permission and the commander stridently walked over to them, practically snatched the camera from them and returned it to me without so much as a glance at the pictures and said "You're free to go."

As I gather my stuff thinking that I'm in the clear the original deputy gives me a summons for disorderly conduct. The California code is 640(R)(6). He says that it's because I refused (I technically never did) to give him my ID. As near as I can find on the internet it's actually for loud and boistorous behavior on a transit system that impedes others. WTF? I impeded no one. I was all the way at the end of the platform and made sure that I was out of the way of foot traffic.

The summons was for an infraction. "I could have made it a misdemeanor" the deputy warned me. Should I just pay the fine or should I try to contact the ACLU like Mr. Andersen?



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