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_ OCCURRENCE DATE(s> DATE STATE QF NEW |V|EX|CQ 0RI N0.

CASE NO PAGE OF
- REPORTED
ON OR BETWEEN UNIFORM INCIDENT REPORT NNI 0010100 0001 10000 1 0
Mmxnurww MM/DDIYYYY MM/DD/NNYY AGEN0YIc0uNw DISTRICT N0. INCIDENT NO gg,Tg1EN,
11-15-2009 11-15-2009 11-15-2009 ALBUOUERQUE POLICE DEPARTMENT 321AV 001 (00445
TIME SATESP TIME O’cE’EO<P TIME QQEEQP ADDRESS/LOCATION OF INCIDENT CITY ZIP YEENO QETEETEERE
1437 SUN 1437 SUN 1437 SUN 2200 SUNPORT S.E. ALBUOUEROUE 87106 88
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ALBUQUERQUE AVIATION POLICE DEPARTMENT:
U, On the listed date, while at the T.S.A. Security checkpoint, at the Albuquerque Sunpoit, was refusing to identify
IP himself which is re uired in order for him to enter ast the check oint. He was causin a disturbance. U on m
P- . . . . . . .
Q arrival the listed defendant continued causing a disturbance by Disorderly Conduct, he was finally Issued a
5 Criminal Trespass Order which he refused to obey, He refused to identify himself, all committed my presence
1
2
2 I was on duty In full police uniform displaying my badge of office as a Albuquerque Aviation Police Officer,
4 when I was contacted by an agent with the Transportation Services Administration (TSA.) who asked for
5 immediate police assistance at the Ticket / Document Area of the Security checkpoint. Upon my arrival I was
6 met by T.S.A. agents and a T.S.A. Supervisor. I was advised, while the listed offender was attempting to pass
T through the security checkpoint, he was asked to present an ID. I was further informed that he was refusing
Lu 8 and began causing a disturbance, by yelling and then proceeded to photograph the surrounding checkpoint
9 ETGB . . . AQGHIS SHO QGSSGTIQOTS. I ITTITOOUCGO ITIYSGIFIO [IIC OIIBITOGT BDO BSRGH IIIITI to please COITIDIV WIIT`l_»
g 10 the requests of the T.S.A. agents so that he could proceed through the security checkpoint. He responded by
g 11 telling me that he knew his rights. I explained to him that the T.S.A. has a procedure that has to be followed for
12 all who enter through the security checkpoint. The T.S.A. supervisor asked the offender to stop taking
is photographs of the T.S.A. Agents, passengers and of the Security Checkpoint, pursuant to their policy.
14
is The offender continued to refuse and had his voice raised at a level that it was now creating a disturbance. I
is ordered the offender to lower his voice and stop creating a disturbance or I would have him leave the airport.
17 He continued to refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to
ia leave the airport he refused, and told me he knew his rights. At that point l informed him he, was now under
is arrest for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I next asked the offender
5
"'£“L%JS¤°$5!t}?£.$§ELf* YR "‘““°§??§§§!lL'!.!E°§‘“'"AL E?-¥‘libfé°A’%"T.J“'°T'“ PMP
BEARRESTEDT FALSE REPORTTO POLICE," SIGNATURES?
U) REPORTING OFFICER (PRINT) RANK l.D.NO DATE DETECTIVE FOLLOW·UP OFFICER/REFERREDTO DATE
E DILLEY,ROBERT F P10 A227 11-15-2009
5 ASSISTING OFFICER (PRINT) RANK I.D. NO DATE PROCESSED BY DATE DATA ENTRY PERSO_N DATE
cn WIGGlNS,LANDRA P1C A1671 11-15-2009
E APPRovING OFFICER (PRINT) RANK I.D. NO DATE ?l¤¤ l•¤=R§%' Eégggt ;>R¤;;··E;·_;g°·_j=~¤=¤ E-_L¤t;~_°·;=_j‘rT<_;_;g¤» DATE
¤; ROJAS,ERNESTO SGT A1699 11-15-2009 i--m ·====T······*·¤··¤=··==· ·····>T~·~=···¤
EJ" DISTRIBUTION D E D NE D sw E] DAL I] OTHER CASES CLEARED BY THIS ARREST CASE NO CASE NO REV
. IA I:] SE I;] VA E ETHL I;] cAcu [I NW Csgg 3/94
OCCURRENCE omits) DATE STATE QF NEW N|EX|CQ oral NO CASE NO PAGE or
ON OR BETWEEN RER0RTER umI=oRM iNci0ENT REPORT NM 00*0*00 000**5000 2 0
MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY AGENCYJCOUNTY DISTRICT NO INCIDENT NO Sglgfam
11-15-2000 11-15-2000 11-15-2000 ALBUQUERQUE POLICE DEPARTMENT 521/Av 001100445
TIME Svggf TIME $253* TIME Pjggff ADDRESS/LOCATION OF INCIDENT CITY ZIP
1407 sum 1437 sun 1437 sun 2200 SUNPORTSE. b ALBUQUEROUE 87106 00
20 for his name. He refused several times to identify himself saying he wished to remain silent. I informed him if he
21 did not provide his name he would be booked for Concealing Identity also. l-le acknowledged and told me he was
22 not going to provide me with any identification of himself. His bags were searched pursuant to his arrest and no
23 identification was found. F.B.l. was subsequently contacted.
24
25 l placed the offender under arrest and transported him to the Albuquerque Aviation Police Office where l
25 completed the arrest paperwork. Included in that papenivork was a Criminal Trespass Notification—Order Not to
27 Return document. the offender refused to sign this document, however l read it to him and explained he was not
28 allowed to return back to the Albuquerque Sunport. I—le responded by saying he knew his rights and still refused
29 to sign the document. therefore I wrote "Refused" on the signature line of this document. Also l notified this
30 offender that his travel bags would be held here at the Aviation Police Department Office for safekeeping.
31
32 l next transported this offender to the Prisoner Transport Center where custody was exchanged.
33
34 lt shall noted the T.S.A. agents prepared statements explaining incident that occurred, for details please refer to
35 those attached statements.
ORIG OFFENSE DATE SUP DATE CASE NO INC NO PAGE OF
F SUPPLEMENTAL REIDORT 11-15-2009 11-15-2009 090115050 091100445 3 3
ORIGINAL 0I=I=ENSE REPORTED ORIGINAL vIcTIM·S NAME (LAST, FIRST, MIDDLE) DATE OF BIRTH
30-20-1 DISOrderIy Conduct 531 1 STATE OF NI\/I
LOCATION OF OCCURRENCE
2200 SUNPORT S.E. ALBUQUERQUE 87106
STATUTE QR FEL ATTEM COMP- UCR CRIMINAL LOCAT WEAPON OFFEN¤ER($)$U5PECTED
ADDITIONAL OFFENSE / INCIDENT ORDINANCE MISD PTED LETED OFFENSE ACTIVITY CODE ug>Tgg>§FF OFUSING
CODE CODE OFFENSE ALCOHOL PROS @ ¤~I<
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Criminal Trespass 5707 12-2-3 90J 01
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WIT I N ROMERO GERALD 09-21-1952 57 M W
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ALIAS I NICKNAME MARKS, ScARS, TATTOOS CLOTHING DESCRIPTION ARMED IM I-I
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DRIvER·s LICENSE NO DLSTATE ARRESTIcITATI0N NO. I= B.I NO SID. NO NIC NO RES STATUS
REPORTING OFFICER (PRINT) RANK I.D NO DATE DETECTIVE I E0LL0IAI-LIP OFFICER I REFERRED TO ID NO DATE
DILLEY,ROBERT F P1 C A227 11-15-2009
cg ASSISTING OFFICER (PRINT) RANK I.D. N0. DATE PROCESSED BY DATE DATA ENTRY PERSON DATE
Q WIGGINS,LANDRA P1 C A1671 11-15-2009
I" APPROVING OFFICER (PRINT) RANK ID. NO DATE EXCEPT NOEATHOFOFFINDER ¤-V.--I.I...-II--....· DATE
(D EE INACT CLOSED UF, CLA CLE CODE BJROSECUTION necumn EJUVNOCUITDDY
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D,S—)—R,BUT,ON D B E] NE D SW lj DAL D OTHER gig? CLEARED BY THIS ARREST CASE N0. CASE NO
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I
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5 AGENCY OPTIONAL USE TOWED FROM D OWNER NOTIFIED DATE RECOVERED TIME RECOVERED
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VEH STATUS ACC—TRAFFIC ACCIDENT EVD-EVIDENCE OUT-OUTSIDE RECOVERY, OTHER AGENCY SAR—STOLEN AND RECOVERED VE TYPE _ _ , _
Q °°“ BRN-auRNE¤1ARs0N mu-FIELD cc>m·Ac·r ROV-RECOVERED sEz.sIEzI5¤ TOw—T0vvED SW6 1 AUTG ° CAMPERIRV 7 ATV U UNKNOWN
5 BUS
I" DAM-DAMAGEDNANDALIZED IMPJMPOUNDED REUR EI-EASED TQ OWNER STN—STOLEN VEI'I·VICTIM'$ VEH 2 ` TRUCWVAN ` 8 ` SNOWMOBILES
5 Ema-EMaEzzLE¤ Lsr-L0sT RPO-REPOSSESSION sus-susPEc·r wN·r-WANTIWARRANT ON OWNER 3 — MOTORCYCLE 6 · OTHER
Q YEAR MAKE MODEL BODY STYLE LICENSE NO. LIC.YEAR LIC.STATE TOP COLOR BTM COLOR VALUE/DAMAGE EST
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REGISTERED OWNER'S NAME VIN DISTINGUISHING FEATURES IVISIBLE DAMAGE
ADDRESS TOW TO I BY NIC NO
AGENCY OPTIONAL USE TOWED FROM D OWNER NOTIFIED DATE RECOVERED TIME RECOVERED
09011505C
OS’IIOC¤4A5
ALBUQUERQUE POLICE DEPARTMENT
PRE-BOOKING WORKSHEET
NAME
LAST; DOE FIRST; JOHN MIDDLE; éggg Q- In I
GGN; DOB; EI; GI ALIAG/Am; I gg EU 3 Eg; I
STREET ADDRESS; REFUSED
CITY; I REFUSED STATE; eww _ ZIP; K:
RHGNE; PLACE OF EIRTH; ZG-.Ir=vgg
SEX: NI RACE; 0 AGE; E] HEIGHT; Iii] WEIGHT; I;I
EYES; BRO HAIR: BRO BUILD; M COMPLEXION;
SCARS, MARKS OR
TATTOOS;
VISIBLE AND/OR
GGII/IRL/NINT OF INJURY NONE
ARRESTING INFORMATION
ARREST
DA'I'Ej 11-15-2009 TIME; 1437 LGCATION: 2200 SUNPORT SE (SECURITY CHECK POINT) CITY- ALBUQUERQUE
BEAT; 321A ARRESTING QFFIQER; DILLEY,ROBERTF ID#; A227
SEARCHED BY; RF. DILLEY
ARRESTING INFORMATION
CHARGE(S) STATUTE/ORDINANCE #
Disorderl Qqrjdugi __ __ 5311 I ‘ _ www- A 30-20-1 I
Concealing Identity 4802 12-2-16 mm
Resisting/Obstructing/RGfusing Ofc 4801 12-2-19
Criminal Trespass 5707 12-2-3

I D.V. VICTIM`S NAME AND PHONE NUMBER (IF APPLICABLE);


PROPERTY
CASH PROPERTY; 299-OO OTHER PERSONAL PROPERTY; I C.!J<£'¤!% ? E {cg
VEHICLE TOWED TO; N/A KEYS LEFT WITH; IN/A
OFFICER`S SIGNATURE FLOOR OFFICERS SIGNATURE
DETENTION CENTER CUSTODY DATE ARRESTEE ACCEPTED BY
lncidgrrf No 091100445 Rgpgrt No 090115050
ALBUQUERQUE POLICE DEPARTMENT
CRIMINAL TRESPASS NOTIFICATION-ORDER NOT TO RETURN
@@0JEQ
usmess: uquerque 0000 ,.;_·i.` --_;_ _
B · Alb s rt Q, %

Address: 2200 $000011 SE `


illlli ;¥ *lll '” llllll.-
Proprietor; City ofAlbuquerque
pate.; 11-15-2009
This is to notify JOM 000 (AKA *%****0 M¤¤!k> , that you have hereby been denied consent t0
enter or remain on or about the property located at 2200 000000 SE- ,
which is in the City of Albuquerque, New Mexico. lf you do return 0 this property you will be in violation of
the Criminal Trespass New Mexico State Statute 30-14-1, dated 1978, or the City of Albuquerque Criminal
Trespass Law, section 12-2-3, Ordinance No. 96-1973, dated August 1, 1994. Failure to comply with this
notice can result in your arrest.
(First) (Last)
Date of Birth: QQ? °.>‘!·`\`)
Social Security: Q<é.`1¢v ><2.\2
£¤7*5'é"`<”;““’““““‘”**“0 " “**““A“
Subjects Signature ignature
Officer's Sig . . -
FORM DISTRIBUTION PD #3085
RECORDS (Rev 8/99)
BUSINESS
SUBJECT
I ORIG OFFENSE DATE SUPP DATE CASE NO INC NO PAGE OF
SUPPLEMENTAL REEDORT 11-15-2009 11-15-2009 090115050 091100445 1 1
ORIGINAL OFFENSE REPORTED ORIGINAL vI0TIN·s NAME (LAST, FIRST, MIDDLE) DATE OF BIRTH
12-2-5 STATE OF NI\/I
LOCATION OF OCCURRENCE
2200 SUNPORT SE. ` ALBUQUERQUE 87106
1 ALBUOUEROUE AVIATION POLICE
2
3
4 ON NOVEMBER 15, 2009 I WAS ON DUTY IN FULL POLICE UNIFORM MONITORING THE
5 TRANSPORTATION SECURITY ADMINISTRATION FEDERAL CHECKPOINT LOCATED AT THE
6 ALBUOUEROUE INTERNATIONAL AIRPORT. THE CURRENT NATIONAL AVIATION ALERT LEVEL IS
7 "H|GH".
8
9 I OBSERVED TRANSPORTATION SECURITY OFFICERS ASK OFFICER B.DILLEY FOR POLICE
10 ASSISTANCE WITH A PASSENGER AT THE IDENTIFICATION AND DOCUMENT DESK. THE T.S.A.
11 OFFICERS STATED THE SUSPECT (JOHN DOE) REFUSED TO SHOW ANY OFFICIAL IDENTIFICATION
12 WITH A PHOTO AND REFUSED TO HAVE HIS BACKPACKS SEARCHED.
13
14 T.S.A. OFFICERS REPORTED (JOHN DOE) WAS CAUSING A DISTURBANCE AND YELLING. OFFICERS
15 APPROACHED (JOHN DOE) AND HE WAS ASKED BY OFFICER B.DILLEY TO COMPLY WITH T.S.A
16 PROCEDURES SO HE COULD GO THROUGH THE CHECKPOINT. I OVER HEAR (JOHN DOE ) STATE "I
17 KNOW MY RIGHTS" WITH A LOUD VOICE CAUSING ATTENTION FROM OTHER PASSENGERS. IN FACT
18 HIS VOICE WAS SO LOUD HE WAS CAUSING OTHER PASSENGERS TO HESITATE BEFORE
19 CONTINUING THROUGH THE CHECKPOINT. AGAIN THE PROCEDURES WERE EXPLAINED TO (JOHN
20 DOE) THAT ALL PASSENGERS MUST FOLLOW WHO ENTER THROUGH THE CHECKPOINT.
21
22 I OBSERVED (JOHN DOE ) REFUSE TO COMPLY AND YELLED OUT LOUD "I KNOW MY RIGHTS" I
23 REFUSE TO BE SEARCHED" . JOHN DOE CONTINUED TO RAISE HIS VOICE TO A LEVEL OF CREATING A
24 DISTURBANCE REFUSING LAWFUL ORDERS TO CALM DOWN. JOHN DOE WAS ORDER TO LOWER HIS
25 VOICE AND LEAVE THE AIRPORT HE REFUSED AND STATED "I KNOW MY RIGHTS" AND REFUSED
26 SEVERAL ORDERS TO LEAVE.
27
28 OFFICER DILLEY ISSUED A VERBAL ORDER TO LEAVE AGAIN OR FACE CRIMINAL TRESPASS AND
29 REFUSING TO OBEY A LAWFUL ORDER OF A POLICE OFFICER. SUSPECT (JOHN DOE ) WAS ASKED
30 AGAIN FOR IDENTIFICATION AND HE REFUSED SAYING I WANT TO REMAIN SILENT. SUSPECT
31 REFUSED AND WAS PLACED UNDER ARREST. SUSPECT WAS ESCORTED TO AVIATION POLICE
_ `5T'UEPARTIVTEN1"FC5R`PR"O”CESSTIYTG"VVITFTOU`FTNCTUEN1T” " E
REPORTING DEEIDERIRRINTI RANK ID NO DATE DETECTIVEIFOLLOW—UP 0I=I=I0ERIREI=ERRED TO DATE
DELAPENAJULIO A P1C A3181 11-15-2009
W AssIsTIN0 OFFICER IRRINTI RANK ID. NO DATE I=R00EssED BY DATE DATAENTRY PERSON DATE
D DILLEYROBERT F P10 A227 11-15-2009
I2 AI>I=R0vING OFFICER (PRINT) RANK I.D.NO DATE EXCEPT A-DIATHOFOFFENDER I-v.EI-.....1-¤¤¤¤» DATE
5 R0.IAs,ERNEsT0 SGT A1699 11-18-2009 °°°E ° $$:3;:3
DISTRIBUTION E B Q NE E SW Q DAL E OTHER-_t CLEAR D BY THIS ARREST CASE NO CASE NO
I;] IA [I SE |:| VA E] I=TI~IL EI CACU E] NW N0.
A ORIG. OFFENSE DATE SUPP DATE CASE NO INC NO. PAGE OF
` _ SUppLEMENTAL REpORT 11-15~2009 11-16-2009 090115050 091100445 1 1
ORIGINAL OFFENSE REPORTED ORIGINAL vTcTTN·s NAME (LAST, FIRST, MIDDLE) DATE or BIRTH
30-20-1 STATE OF NM
r LOCATION OF OCCURRENCE
2200 SUNPORT SE. ALBUQUERQUE 87106
1 ALBUOUEROUE AVIATION POLICE DEPARTMENT
2 On 11/16/09 at approximately 1230 hrs. I was contacted at the police station by Mr. Phillip ll/locek who advised
3 me that he had been arrested on Sunday evening on several different charges and his belongings were left here
A in the office. I located the three items in Sgt. Rojas office which were a black in color backpack, a black in color
s computer type bag and a rolled up banner. I turned over the items to l\/Ir. Mocek and he did state that everything
s was in order and he left the area. l\/lr. l\/locek returned to the police station a few minutes later and stated in front
7 of Deputy Chief R. Szmania who was also present that his digital camera had been messed with and all the
8 photos were erased but the memory card was still in the camera. I advised l\/lr. l\/locek that I had no knowledge of
9 the incident other then returning his items to him. I\/lr. ll/locek advised me that he would be filing a complaint
10 against the officers that had arrested him and then he left the area.
T-S"
REPORTING OFFICER (PRINT) RANK TD ND. DATE DETECTIVE/FOLLOW—UP DEETDER/REEERRED TO DATE
VlGlL,RAYl\/IOND F SGT A1615 11-16-2009 a
CD AssTsTTNc OFFICER TERTNTT RANK W DATE PROCESSED BY DATE DATA ENTRY PERSON DATE
D
IE Ar>i>RovlNc o•=l=icER (PRINT) RANK to NO DATE EXCEPT Aww-EEEENEE. wm.;-ism. DATE
i.. INACT ctoss ur. cu cts CODE •-•¤¤=¤¤¤v¤¤~¤¤c¤-•••¤=> =—¤¤v••¤cu¤¤¤v
up SZMANIAROBERT J DCP A1656 11-16-2009 w’*·°·"°··°°*° "*°*·"¤=“
DISTRIBUTION D B EI NE D sw D DAL E OTHER_______ CLEARED BY THIS ARRESTCASE NO CASE NQ
El IA E] ss |:| VA E] Err-it I`;] cAcu [I NW NO.
` ORIG OFFENSE DATE SUPP DATE CASE NO INC NO PAGE OF
SUppLEMENTAj_ REPORT 11-15-2009 11-15-2009 090115050 091100445 1 1
‘ ORIGINAL OFFENSE REPORTED ORIGINAL vicnivrs NAME (um. FIRST. MIDDLE) DATE or BIRTH
12-2-5 UNKNOWN
LOCATION OF OCCURRENCE
2200 SUNPORT SE. ALBUQUERQUE 87105
1 Aviation Police Department
2
5 While at the Albuquerque security checkpoint, I assisted Aviation Police Officer Robert Dilley with an individual
4 who was disturbing the peace. The subject was talking in a loud tone of voice stating he did not do anything
5 because it was his right to be able to take photos in a public accessible places. The subjects behavior caused
5 the traveling public to stop and take notice. I obsewed the subject taking photos of TSA staff and of the Aviation
7 Police Officers even after he was told not to. Officer Dilley asked the subject to clam down and tried to explain
5 the procurers at the checkpoint, but he continued arguing. At that time, Officer Dilley asked him for his
9 identification and he refused to supply any forms of I D. I observed the subject verbally refuse to gave any form of
10 written or verbal ID to Officer Dilley. I obsen/ed Officer Dilley, warn the subject if he did not supply him with any
11 form of ID he could be arrested for concealing his identity. I obsewed the subject, continue to be recalcitrant
12 toward Officer Dilley and would not answer any questions. l—le kept indicating he knew his rights and stated he
13 choose the right to remain silent At that point, the subject was arrested, searched and escort to the Aviation
14 Police Department for processing without further incident.
REPORTING OFFICER (PRINT) RANK I.D NO DATE DETECTIVE / FOLLOW-UP OFFICER / REFERRED TO I.D NO DATE I
WlGGlNS,LANDRA P10 A1571 11-15-2009
U) ASSISTING OFFICER (PRINT) RANK DATE PROCESSED BY DATE DATA ENTRY PERSON DATE
D
E Ai¤RRoviNc OFFICER (PRINT) RANK io NO DATE Eégg;T Lmgmxm ;;t;¤:;-T:;?¤- o1¤.rE
U; ROJASERNESTO SGT A1599 11-15-2009 M--- °*~“·*····"···~=·*··¤· ·~···*·"~·°··~=
Di5TRi3i_mON D B D NE lj SW D DAL D O-.-HERQ g2§ES CLEARED BY THIS ARREST CASE NO CASE NO BR/gg
Q IA Q SE Q VA Q Erm Q cAcu Q NW NO
ARTICLE;2
STATE 0F Nl;)/V MEXICO rNrTrATioN__or=-r¤r3gcEeorNCs

IN THEWIETROPOLITAN COURT
NQITIEZ E JOHN AITGST DBTGC ...__11`15`2OO9..-_.._.;__.
Address: Driver Lic. #;______;__
REFUSED Us 00000 CHBUOH #.
D.O.B: Arrest #: _....—_._._.___
S.S.N: Docket #i _._.___________
Charger DISORDELY CONDUCT, CONCEALINC IDENTITY, REFUSING TO OBEY A POLICE Date Filed;
OFFICER, CRIMINAL TREAPASS
Officer: DILLEY,ROBERT F APD A227
(Type Name) (Agency and Badge Number)
CRIMINAL COMPLAINT
I, ROBERT F- DN-I-EY · the undersigned, under penalty of perjury, state that on or about the T5 Day of N0V!ITlb!F 2009 ,
in the County of Bernalillo, State of New Mexico, the above-named defendant did (state the facts of the offense and how you learned of them);
1 I was on duty in full police uniform displaying my badge of office as a Albuquerque Aviation Police Officer,
2 when I was contacted by an agent with the Transportation Services Administration (T.S.A.) who asked for
3 immediate police assistance at the Ticket! Document Area of the Security checkpoint. Upon my arrival I
4 was met by T.S.A. agents and a T.S.A. Supervisor. I was advised, while the listed defendant was
5 attempting to pass through the security checkpoint, he was asked to present an ID. I was further told
6 informed that he was refusing and began causing a disturbance, by yelling and then proceeded to
7 photograph the surrounding checkpoint area T.S.A. Agents and passengers. I introduced myself to the
8 defendant and asked him to please comply with the requests of the T.S.A. agents so that he could
9 proceed through the security checkpoint. He responded by telling me that he knew his rights. I explained
10 to him that the T.S.A. has a procedure that has to be followed for all who enter through the security
11 checkpoint. The T.S.A. supervisor asked the defendant to stop taking photographs of the T.S.A. Agents,
12 passengers and of the Security Checkpoint, pursuant to their policy. The Defendant continued to refuse
T3 and had his voice raised at a level that it was now creating a disturbance. I ordered the defendant to
14 lower his voice and stop creating a disturbance or I would have him leave the airport. He continued to
T5 refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to leave the
I6 airport he refused, and told me he knew his rights. At that point I informed him he was now under arrest
17 for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I next asked the defendant _
18 for his name. He refused several times to identify himself saying he wished to remain silent. I informed
19 him if he did not provide his name he would be booked for Concealing Identity also. He acknowledged and
20 told me he was not going to provide me with any identification of himself. His bags were searched
21 pursuant to his arrest and no identification was found. F.B.l. was subsequently contacted.
contrary to Section(s) 30-20-l. I2-2-I0, I2-2-T9. T2·2·3 NMSA 1978.
I SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST
OF MY INFORMATION AND BELIEF. I UNDERSTAND THAT IT IS A CRIMINAL OFFENSE SUBJECT TO THE PENALTY
OF IMPRISONMENT TO MAKE A FALSE STATEMENT IN A CRIMINAL COMPLAINT.
Approved Complainant
Title (if any)
DISTRICT ATTORNEY OR LAVV ENFORCEMENT
OFFICER Agency C3d#
This complaint may not be Hled without the prior payment of a filing fee, unless approved by the District Attorney or a law enforcement officer
authorized to serve an Arrest or Search Warrant. Approval of the District Attorney or a law enforcement officer is not otherwise required.
ORIGINAL SIGNED COPY — Court [I; ADDITIONAL COPIES - Defendant Attorney I;] and District Attorney I:]
Page
Statement for record
On I6 November 2009 at approximately l430 ticketed Southwest Airlines passenger
Phillp Mocek entered the .¢n’B Security Checkpoint at the Albuquerque International Sunport
Airport. Passenger Mocek presented his travel document, a boarding pass, to Lead
Transportation Security Officer (LTSO) Greg Martinez. LTSO Martinez asked passenger Mocek
for identification and Mocek responded that he did not have any form of identification. LTSO
Martinez then notiied me that passenger Mocek required additional screening due to not having
any identihcation.
I took possession of passenger Moceks’ boarding pass. I asked passenger Mocek if he
had anything in his possession that would help me verify his identity. Passenger Mocek
responded that he did not want to provide identification and that he was to understand that he
was not required to. I informed passenger Mocek that he was correct and that I could verify his
identity another way, however if he had anything with his name on it that it would help with the
process. Passenger Mocek responded and stated that he wouldn’t provide anything because it
was his right not to. l informed passenger Mocek that I would contact our Security Operations
Center at which point they would attempt to verify his identity with other information and if they
could not verify his identity he would not be allowed to proceed through the checkpoint.
I contacted Supervisory Transportation Security Officer (STSO) Anthony Schreiner via
radio to request the assistance of a Behavior Detection Officer (BDO). BDO Laura Moots
approached the area where I was located before STSO Schreiner could respond. I asked BDO
Moots for assistance and informed her of the situation and events that had occurred up to that
point. BDO Moots informed me that the request for BDO assistance had to come from a STSO. I
contacted STSO Schreiner via radio and requested BDO assistance and informed him the request
had to come from a STSO.
I started to complete the documentation required by the Identity Verification Call Center
(IVCC). I had filled out the passengers name and date portion of the form when I noticed that p
ng pictures or
videotaping the process I was conducting. I informed passenger Mocek that he need to stop
immediately. Passenger Mocek responded that he didn’t think it was illegal and it was his right
to be able to take pictures in an area accessible to the public. I informed passenger Mocek that he
was not allowed to take pictures of or video tape the processes at the checkpoint. I then, via
radio, requested an STSO to have a Law Enforcement Officer respond to the Travel Document
Checking (TDC) area immediately.
STSO Schreiner approached the TDC area as I was again attempting to explain to
passenger Mocek that he could not take pictures of or video tape the processes at the checkpoint.
I informed STSO Schreiner of the events that had occurred and Transportation Security Manager
(TSM) Gerald Romero also heard of those events as he approached the TDC area.
TSM Romero asked passenger Mocek to put his camera away to which Mocek responded
with the same statement as previously, he didn’t think it was illegal and it was his right to be able
to take pictures in an area accessible to the public. Albuquerque Aviation Police Department
7}.. I ..£*
<fAAP‘D} Ofncer Probert Dilley approached TSM Romero and asked what the situation was. TSM
Romero informed Officer Diller of the events. Officer Dilley approached passenger Mocelt with
AAPD Officers Landra Vwfiggins and AAPD Ofncer Julio De La Pena.
After engaging passenger Mocek, the AAPD officers asked l\/iocek several questions and
the situation escalated to the point Where an AAPD officer informed Mocek he would not he
allowed to fly. I then handed passenger Mocel<s’ boarding pass to Officer De la Pena. The
situation escalated again and Oficer Dilley, Officer Wiggins, and Officer De La Pena escorted
passenger Mocelq from the AJB Security Checkpoint.
/fs p // mr I cnr, Il > fl
ii";
/IiTSO Jonathan Breedon
cx fi AE ‘>
hiovember 15, 2OOQ
At approximately 1434 on this date l responded to a radio call from Jonathan Breedon who was
stationed at the Travel Document Checker (TDC) position. He was asking for a Behavior Detection
Officer (BDO) spot assist. E responded with noting that he was in immediate contact with the BDO team
and he could ask for assistance directly. He told me that he was not allowed to ask directly and l began
to head out to the TDC position to assist with the situation when jonathan called for a LEO to his
location immediately. lturned to STSO Adam Sena and advised him to call a LEO and again headed
directly to the TDC. Upon reaching TDC l approached LTSO Jonathan Breedon and a hostile male
individual. i was informed by LTSO Breedon that the individual did not show identification and was in
the process of taking pictures and recording conversation of the identification process. The male
interrupted the conversation between LTSO Breedon and myself and pointed a camera at me and as he
took a picture asked, "You mean l’m not allowed to take pictures in a public place; in the public area of
an airport." l tried to tell him that while l was trying to address his concerns l did not wish for him to
take pictures of me without my consent. It was at this time that several Albuquerque Aviation Police
Officers showed up and I quickly advised Officer Robert Dilley of the individual’s resistance to comply
with clearance procedures and his taping and picture taking. Officer Dilley moved right in front of the
man and took control of the situation and was helped by AAPD Officers Landra Wiggins and Julio De La
Pena. l noticed that the man became more belligerent with each question by the officers and in a
threatening manner took photos of each of the officers.
As the officers took care of the situation l was alerted that he had a flying companion whom l made
sure had been cleared by the TDC process. When Ifound that he had been cleared l asked him to stand-
by, but not to interfere with the officens procedure. l asked the second maie to proceed through and
he stated that he wanted to make sure that his friend was going to be alright. As l was escorting him out
into the general area he commented that they didn’t mean any harm and that, "This is something we do
all the time. it keeps us all more alert." He asked to speak to one of the officers to find out what the
status of his companion was stating that, "They can search us both. They’re going to see that we have
nothing on us. We are both clean; we have nothing to hide.” He then approached the officers as they
——»were-eseorting~his-eompanionoutoitheche.ckpoint.and.stai:tedcaslsUn.gstbei1t_qci@_to ns abouQt_is_,_________
traveling partner. The incident at the TDC ended at approximately 1440 ho_urs.
I
wai? r/Z diem
Anthony Nl. Schreiner
Supervisor, TSA—ABC1
a
Police Call #A091100445 Page 1 of 2
Detailed History for Police Call #A091100445 As of 11/24/2009 11:06:33
Priority:2 Type:39 - Disturbance
Location:SECURE CHECK POINT,AV1 at 2 CONNECTOR,AVI
LocCross:btwn 3RD LEVEL and B CONCOURSE
Created: 11/15/2009 14:37:29 ACAD05 A5103
Entered: 11/15/2009 14:37:29 ACAD05 A5103
Dispatch: 11/15/2009 14:37:29 ACAD05 A5103
Enroute: 11/15/2009 14:37:29 ACAD05 A5103
Onscene: 11/15/2009 14:37:29 ACAD05 A5103
Control: 11/15/2009 15:23:39 ACAD05 A5103
Transprt: 11/15/2009 16:43:16 ACAD05 A5103
Complete: 11/15/2009 16:55:29 ACAD05 A5103
Closed: 11/15/2009 17:15:58 ACAD06 A5101
PrimeUnit:AV116 Dispo:42 Type:39 - Disturbance
Agency:AVI AreaC/Dist:AVI Sector:AVI Beat:321AV
Case #:APO90115050 l"Detail
14:37:29 CREATE Location:SECURE CHECK POINT,AVI Type:31 AreaC/Dist:AVI BEAT/F-BOX:321AV
TypeDesc:Susp Pers/Vehs LocDesc:at 2 CONNECTOR,AVI LocCross:btwn 3RD LEVEL and B
CONCOURSE Priority:2 Response:20 Agency:AVI Sector/Sta:AVI LocType:C
14:37:29 ·TEMPN0 Number:A$ACAD05476 Series:A
14:37:29 ENTRY C0mment:UNSECURE SIDE OF CHECKPOINT: WILL ADVISE
14:37:29 DISPOS AV116 Location:SECURE CHECK POINT,AVI 0perator:A227 OperNames:DILLEY,ROBERT F
14:37:29 -PRIU AV116
14:37:29 -PREMIS Comment:PPR
14:37:30 -PERMNO Number:A$ACADO5476-->A091100445
14:44:43 BACKUP AV135 UnitID:AV116 Dperator:A3181 0perNames:DE LA PENA,JULI0
14:44:47 BACKUP AV137 UnitID:AV116 Operator:A1671 OperNames:WIGGINS.LANDRA
14:45:06 ONSCN AV135
14:45:10 ONSCN AV137
14:45:33 MISC AV116 Comment:10·16 ENROUTE 10-19 REF 10-39
14:45:53 CHANGE AV116 Type:31-->39 TypeDesc:Susp Pers/Vehs-->Disturbance
14:50:05 CLEAR AV135 Dispo:8
15:04:36 -TEMPN0 Number:AP$ACAD0577 Series:AP
15:04:36 CASE Case#:AP090115050
15:04:38 -PERMNO Number:AP$ACAD0577-->AP09011505D
15:22:52 MISC AV137 C0mment:10-21 FBI AND HAVE AN ON-DURTY AGENT TO CALL
15:23:39 OK AV116
15:54:25 OK AV116
15:54:27 OK AV137
16:40:16 OK AV116
16:40:18 OK AV137
16:42:09 CLEAR AV137 Dispo:8
16:43:16 TRANSP AV116 Location:PTC,ALB Mileage:13388 Comment:@ 1642 HRS
tile://C:\HammerHead\A1buquerque\Live\DisplayDB600EA601CA6D30.dat 1 1 /24/9000

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