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Posted on 08/26/2005 4:37:24 PM PDT by Excuse_My_Bellicosity
Until last year, Tanya Ortega de Chamberlin had a clean record, with no criminal convictions or even an arrest. But her refusal to provide her date of birth or Social Security number to a South Salt Lake police officer changed that.
Although she was not suspected of committing a crime, and eventually provided the requested information, Ortega de Chamberlin was still cited based on her initial resistance.
The obstruction charges against her were later dropped. But Ortega de Chamberlin says that's not good enough - she has filed a lawsuit asking for a declaration that her constitutional right to be free of unreasonable search and seizure was violated. She also wants reimbursement of the money she spent fighting the criminal case.
Capt. Chris Snyder said Thursday that the department cannot comment on pending litigation.
The legal action, filed Wednesday in U.S. District Court in Salt Lake City, gives this account of the incident:
On Nov. 4 about 12:30 p.m., Ortega de Chamberlin, a photographer who lives in Salt Lake City, was standing on a public sidewalk near 3021 S. Main St. when Officer B. Heddlesten approached her. The officer said she was not suspected of a crime, but demanded the photographer give him her name, date of birth and Social Security number and tell him whether she had a driver license.
Ortega de Chamberlin gave her name but told the officer she was not required by law to provide the other information he requested.
In response to her repeated questions, Heddlesten said he did not think she had committed a crime or was attempting to commit one, according to the suit. However, the officer still insisted that she had to tell him the information; his supervisor, Sgt. Brian Stahle, who arrived at their location, backed him up.
Under threat of arrest, Ortega de Chamberlin finally complied, but was cited for allegedly interfering with or obstructing an officer by giving false information and by refusing to give information. Her suit says she then was put in handcuffs and placed in a police car until the officers changed their minds about taking her to jail and released her.
The charges were dismissed before trial, but Ortega de Chamberlin still has a criminal accusation on her record.
Concur;...she was a photographer, taking pictures perhaps?!
Because of our heightened security level since 9/11 this type of behavior (taken pictures), would be highly probable that police would demand some sort of credentials, I would speculate.
DOB, SS# it is IMO a bit over the top. Than again who knows the new provisions set in the "Patriot Act"
One time that my college buddy had his car broken into and needed a cop to respond and write him a police report (to document ahead of time what was taken just in case the perp got caught with the stolen loot that could be identified), the cop just treated him like crap. He had to be browbeat into just doing the bare minimum and he kept moaning, "I don't even know why I'm even here."
Any time I've ever seen a cop in 7-Eleven and nodded to him respectfully and said, "'Morning, Officer," the only thing I've ever gotten returned is a glare like he wanted to split my head with his night stick. Most of my friends and co-workers tell me the same thing. It's one thing to be treated like crap when you blatantly did something, it's quite another when you're a bystander or a victim.
There's a well-know cop saying: "There's 2 kinds of people: cops and assholes." Tell me again who has the attitude problem?
It is if the policeman wants to make a hit on you...;-)
"Its still supposed to be a free country."
Yes, and the policeman was after a freebie - she interfered with the duty of the officer...
You are absolutely right about the attitude problem and it came about as a response to the sixties disrespect and relentless pounding by the media.
We know have a downward spiral just like the gender wars inspired by the feminists. The cop hating left has spewed for so long that it's now affects the attitude of general citizens toward cops and cops reflect that attitude right back.
It's a sad ugly mess.
I've sided with the cops on many threads, a lot of them involving a cop shooting a perp and the family is suing, so I don't think I'm a reflexive cop-basher. I get a traffic ticket once every 5 years or so and I don't give them hassle because I know dealing with the public can really suck (and I've always been guilty when they got me, so I figure I'm paying some pennance for stuff I've gotten away with, too). But we're not all bad out here, they need to realize that too. Things have really gotten adversarial.
Maybe it's like the story of the nutcase who killed his neighbor's dog with a baseball bat and got charged for cruelty to animals. A week later, it comes out that the dog was a pit bull who attacked the "nutcase's" kid, and the guy just got back from the hospital and his kid was bit up so bad he wound up spending a few days in the hospital. Funny how the media missed that angle the first time around.
Yes it does. And I am not clear on what you mean by the second part.
Actually, this is one area where many poster's here sound a lot like DUer's complaining about a "Police State" and Gestapo tactics.
Many of the comments in this thread indicate a strong distrust of the police, a strong desire to refuse to cooperate with them and resistance to any self proclaimed infringement of their rights.
Bull shit.
The cop asked for an ID, she refused, she got bitchy about it and they arrested her.
I'm behind the cops --- innocent until proven guilty. In fact I am all for them. Because without them, even with their errors, the thugs and Bloods and muggers would be running things. All you have to do is be polite, same as you would with anyone else. What did she have to lose, to just be polite and help them in their job? It's hard enough without a snotty b**tch snotting at them. And then sueing them.
Bill clinton thought she was cute and asked them to get it for him. You don't turn Slick down and get off easily.
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
Well, ever since we gave them the power to arrest us, give us tickets and throw us in jail. That does not make them 'better' but it sure as hell gives them a power we do not have. Thus, and maybe I am wrong here, but I have never gotten into trouble by being polite to a cop.
LOL
That is about as big of a stretch as can be made comparing asking for an ID vs. Hitler storm trooping over Poland.
GMAFB. *
I missed that part. At what point did the cops "assault her"?
Well put. A bit strong, but well put.
Since the police are not saying what happened, we're only hearing one side, the side of the people who want money.
I'll wait till the full story comes out.
I think anytime someone is cuffed and detained illegally, it's a type of assault.
Don't you agree that fear and intimidation were a part of this bogus "arrest."
Re-read the piece. They asked for JUUUST a bit more than a simple ID. Had no reason to even do that, by the way.
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