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.
And that's another problem.
We "drove" conveyances in this country for many decades without having to present a "license" to govt. agents.
In a free society, it is a fundamental right for people to peaceably travel from place to place without being interfered with or detained by govt. agents.
So, it's cops who keep us free.
That's a novel notion.
Some cops find this a good way to pick up chicks. Their ID gives you their personal information such as name, address, and age and if they seem to be impressed with the uniform.............
I would be very happy if the cops showed up and did whatever it is that cops do, if-and only if-they are asked to.
I would never ask them to come to my location, but some people would.
The trouble is, they often show up without an invitation, dressed up as Ninja Warriors, carrying grenade launchers and select-fire weapons----only to find out they're at the wrong house.
Walking while beautiful, attractive women get ID'ed more often than ugly ones.
You're right, they should have Tasered her, sicced the dogs on her, shot her, then arrested her.
Sometimes when it comes to the most simple things perhaps it's best to just play the game and return the ball to the other side of the court.
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.
Ah, the plot thickens via the thickener provided by Ortega.
Unfortunately, this applies to the rest of us as well, not just the cops.
So, people in pre-WWII Germany were not asked for their "papers" while traveling on public streets.
I stand corrected.
How many women just trying to mind their own business are doing so on a known prostitute corner?
If one wants to evade detection, one stays out of the range of the radar screen.
Contempt of cop.
On Free Republic, no less.
We're done.
When folks yield their rights, you don't get them back.
Thats the abysmal piece about these terrorists. In order to fight them, we are being asked to give up rights forever.
I've never, ever dealt with cops with anything less than due respect. I don't kowtow or kiss their ass(s), but neither do I give them grief; I treat them as human beings.
For some........that just isn't good enough.
I suspect you have lived a rather sheltered life. I also suspect that, well intentioned that you are, that you would readily abrogate your Constitutional rights to avoid confrontation.
I find that supremely sad. What is sadder still is the percentage of this country that feels as you do, hence the continued erosion of our liberties. The more you give in, the less your true rights mean.
If I was on my own private property obviously not doing anything and a cop asked me for ID, I might be a little more indignant. I'd be waiting for him to tell me that I look like a suspect from a crime or something. If he told me that I was suspected of nothing at all, I'd push it more. But out in public, I probably have less standing and I'd be a lot more inclined to just give him the ID and go with it. It's a bit obnoxious maybe, but it sure beats a night in jail and/or a fine.
I totally agree. As with most news stories, we don't necessarily get the whole story.
As photographing certain areas and buildings such as water treatment or federal office buildings can be called suspicious behavior it is worth withholding judgement...However, odds are these were just over zealous goons.
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I don't know where you live, but I have never seen that kind of attitude from a cop and I live in Houston. I have found that as long as I am courteous to them, they are courteous to me, without exception.
Now I am sure there are some jerks out there, but I have never encountered them and the friends that I know that talk about those kinds of encounters all hate cops. Could it be that their attitude is picked up by the cops and reflected in their behavior...I don't know, maybe.
Like the 'respect you are showing them here?
I suspect you have lived a rather sheltered life. I also suspect that, well intentioned that you are, that you would readily abrogate your Constitutional rights to avoid confrontation.
No, I would be more selective and wiser then some on when and where I would pick my battles. Being asked for my ID by a cop is not where I would make a stand that could threaten arrest or injury. This is especially true, if I had not committed a crime.
You and others are simply reading far too much into this incident.
Did you ever notice how folks around here start arguing like liberals when they run out of logic?
They start denigrating your experience"
"I suspect you have lived a rather sheltered life. I also suspect that, well intentioned that you are, that you would readily abrogate your Constitutional rights to avoid confrontation."
"There's an Amen Corner here on Free Republic that says that once Americans walk out of their house, they hace NO rights."
They also like taking what you say and rephrasing it in extreme language:
"You're right, they should have Tasered her, sicced the dogs on her, shot her, then arrested her."
"So, people in pre-WWII Germany were not asked for their "papers" while traveling on public streets."
Funny, I don't recall your having made either of those statments. Sure sounds like a liberals arguments to me.
Wait for the full Story but here are some Facts...
The Police station is one block away from the incident- neither are prostitution areas.
She WAS ARRESTED.
Even though it was "dismissed" she STILL HAS a Criminal file, which, prevents her from travel to other countries- even Canada.(how can she earn a living if she photographs abroad for her lively hood?)
This is entirely different from the Nevada Case as she gave her name right away. (among many other differences)
Let us all PLEASE follow this story, because, trust me, if anything the article has been siding FOR and WITH the police.
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