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In fact, the judge ruled that his miranda rights were violated. they violated his miranda right which is his fifth amendment right to remain silent when at the engaged in the v.a. police. photographer charges. those were thrown out on pre-trial motions. we went to trial tuesday. the government just really couldn't make its case. they couldn't prove that he posted the flag on the fence. steve: unbelievable. why do you think, mr. rosebrock, you were initially charged? i mean, what was that guy thinking? >> well, to me, it's just straightforward retaliation. we won a federal judgment against the ...

Suspicious. chief gannon admits nothing is foolproof. >> as we've been at airports across the country, we have not really seen anything that could prevent what happened -- guns being smuggled on to airplanes. >> i agree. i agree in any airport throughout the united states and here also, there is never a 100% guarantee that somebody couldn't who wanted to do something illegal or wrong, couldn't make that happen. >> reporter: what happened in atlanta prompted a reaction at airports across the country. and you can see why. these are the guns smuggled on to as many as 20 flights by one delta airli...

Really seen anything that could prevent what atlanta went through which was guns being smuggled on to airplanes. >> no, i agree. i agree that in any airport throughout the united states and here also, there's never a 100% guarantee that somebody who wanted to do something illegal or wrong couldn't make that happen. >> reporter: what happened in atlanta prompted reaction at airports across the country. and you can see why. these are the guns smuggled on to as many as 20 flights by one delta airline baggage handler. authorities say the baggage handler took guns to work in his backpack which was ...

Enough at catching bad guys before they act? >> it is really difficult. it's very difficult. and, you know the patriot act is getting ready to come up here. and the discussion is not even to allow people to track those phone calls coming from overseas into the united states. so we're making it more difficult for law enforcement to try to catch these people and follow these types of communications. that's really very concerning. it's very, very difficult. if they decide to self-radicalize, if they're engaged in the social media provided by isis you can't track it all. it's against the law to tr...

Is gross negligence. so yes, there is a lot to be done leading up to placing charges. you need to talk to witnesses. you need to -- really should have brought them before the grand jury to put them under oath to lock in their testimony, to explore the issues. this is a much more complicated case. and of course it's also a very volatile case. what happens here in the courtroom is very important. and what i meant by false expectations there could be two such kinds of false expectations. one is she has set up the expectation that these officers are guilty and will be convicted. if that doesn't ha...