Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Woman files suit over police demand for her identification
Salt Lake Tribune ^ | 8/26/2005 | Pamela Manson

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.


TOPICS: Crime/Corruption; Government; News/Current Events; US: Utah
KEYWORDS: aclulist; billofrights; boredcops; constitutionlist; donutwatch; govwatch; jackbootedthugs; newworldorder
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-169 next last
To: coconutt2000
Somewhere someone once told me that a cop does not need probable cause to ask for identification

Except when the person in question is an illegal alien or is attempting to vote.....

21 posted on 08/26/2005 4:50:44 PM PDT by Gay State Conservative
[ Post Reply | Private Reply | To 3 | View Replies]

To: Excuse_My_Bellicosity
Can I hire this guy to come over and kick my dog, too?

You could, but someone in the private sector would do a better job, cheaper and your donuts would be safe.

22 posted on 08/26/2005 4:53:07 PM PDT by magslinger (They called Israel the land that GOD Himself gave his Chosen People the Jews.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gay State Conservative

I can tell an illegal alien at a glance. Can you? /sarcasm


23 posted on 08/26/2005 4:53:58 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
[ Post Reply | Private Reply | To 21 | View Replies]

To: Gay State Conservative
Its funny. No ID is necessary if you're an illegal who wants to get on welfare or if you're one of those people Democrats need to vote for them multiple times. But watch out if you're a middle class white American minding your own business. Then all of a sudden the government is interested in your ID. Its the good ol' double standard at work here.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
24 posted on 08/26/2005 4:53:59 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Excuse_My_Bellicosity
Heddlesten said he did not think she had committed a crime or was attempting to commit one

Officer Heddlesten, what is YOUR Social Security number!

25 posted on 08/26/2005 4:54:14 PM PDT by operation clinton cleanup
[ Post Reply | Private Reply | To 1 | View Replies]

To: xcamel
In that situation, I'd have just given him the ID because a cop can screw up your whole weekend even if they don't have a leg to stand on in court.

What's ridiculous is that they cited her after letting her go, and then dropped it later. These cops are total amateurs.

26 posted on 08/26/2005 4:54:18 PM PDT by Excuse_My_Bellicosity ( "Sic semper tyrannis." (Your dinosaur is ill.))
[ Post Reply | Private Reply | To 13 | View Replies]

To: Excuse_My_Bellicosity

Utah tends towards a rather regimented outlook on life. My town, for instance is run more like law by homeowner's association than a town. Most of the cities in the state think you should only have no more than two dogs, or one dog and one cat, and ferrets are a menace.

I suspect that there's some law somewhere that requires you to show ID if asked, even if without probable cause. Good that it's coming to light.

Anyway, found this site about Ms. Chamberlin's work:

http://spareroomgallery.com/


27 posted on 08/26/2005 4:55:34 PM PDT by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Peace will be here soon
I need more info before I can blame the cops here.

Strange, I found plenty of info in the article to blame the cops.

28 posted on 08/26/2005 4:57:58 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 18 | View Replies]

To: Excuse_My_Bellicosity
More on Ms. Ortega de Chamberlin:

A native New Mexican, Tanya Ortega de Chamberlin recently returned from Cuba and Nicaragua where she focused on photography of architectural decay in the region. She says of her current work, "Standing in these rooms, one's natural response is to imagine what they once must have been, or on the other hand, what project they could become... the viewer may not want to reckon with each space in its current, isolating condition. I want to show these orphan spaces for what they are at present, not what they once were or could become."

29 posted on 08/26/2005 4:58:15 PM PDT by Michael.SF. ('That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Excuse_My_Bellicosity

I thougt it was illegal for people to require your SS# for ID purposes. This seems like info that he didn't need to know. I don't know about birth date and drivers liscense. It sounds fishy but I've heard of cops abusing their power in worse ways.


30 posted on 08/26/2005 4:59:22 PM PDT by metmom (Welfare was never meant to be a career choice.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jimtorr

That's what I think -- there is a lot of data missing in this story that I'd like to know before I make a judgment. Cops talk about having a sixth sense....


31 posted on 08/26/2005 5:00:03 PM PDT by bboop
[ Post Reply | Private Reply | To 7 | View Replies]

To: garyhope
"Why did they want her info?"

I have never been to Salt Lake, but I wonder what is near the address she was arrested at? If there are a lot of possible "targets" in that area, and she (being a phoptographer and her name has a possibly of being a "minority" ) was taking photos more so than what a normal tourist in Salt Lake would, and looked a little suspicious, the officers probably noticed her, and decided to question her. Then she refuses to give ID.........

(....just this freeper's VERY humble opinion....)

32 posted on 08/26/2005 5:00:44 PM PDT by musicman
[ Post Reply | Private Reply | To 2 | View Replies]

To: Excuse_My_Bellicosity
All she had to do was co-operate and none of this would have happened. Instead, she refused to co-operate and reading between the lines it sounds like she got a little intense.

Sorry, but manners count for something, especially with cops.

33 posted on 08/26/2005 5:03:55 PM PDT by Michael.SF. ('That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
[ Post Reply | Private Reply | To 1 | View Replies]

To: musicman
If there are a lot of possible "targets" in that area, and she (being a phoptographer and her name has a possibly of being a "minority" ) was taking photos more so than what a normal tourist in Salt Lake would, and looked a little suspicious, the officers probably noticed her, and decided to question her.

Standard Salt Lake City "targets"

34 posted on 08/26/2005 5:04:41 PM PDT by freedumb2003 (Durka Durka Durka. Muhammed Jihad Durka.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Excuse_My_Bellicosity

I don't think we're hearing the whole story. Although probably not a terrorist, possibly there was some profiling going on and if there was some sort of suspicion, I'd rather the cop err on the side of caution.


35 posted on 08/26/2005 5:04:47 PM PDT by Road Warrior ‘04 (Kill 'em til they're dead! Then, kill 'em again!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: musicman
click on the link in my first post above, there is a picture of her there.
36 posted on 08/26/2005 5:05:38 PM PDT by Michael.SF. ('That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
[ Post Reply | Private Reply | To 32 | View Replies]

To: musicman

She seems to like architexural photography, and perhaps the cops wondered who this woman was taking pics?

I tried to look up more info from the local papers, but didn't find anything in the archives about the arrest.

Still, I don't like policemen asking for id where there is not probable cause. Women with expensive cameras, even if they are hispanic, usually have some means behind them.


37 posted on 08/26/2005 5:06:10 PM PDT by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
[ Post Reply | Private Reply | To 32 | View Replies]

To: elkfersupper

"Strange, I found plenty of info in the article to blame the cops."

So you hate cops. Is this all the info I need to come to this decision?


38 posted on 08/26/2005 5:06:31 PM PDT by Peace will be here soon
[ Post Reply | Private Reply | To 28 | View Replies]

To: goldstategop

[Last time I checked, America wasn't a police state.]

You must have checked a very long time ago. Welcome to the new America.


39 posted on 08/26/2005 5:07:04 PM PDT by my_pointy_head_is_sharp (We're living in the Dark Ages.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: coconutt2000
I can tell an illegal alien at a glance. Can you? /sarcasm

Put 10 people in a line up. Have them selected at random from a phone book. Have one of them be an illegal alien, also selected at random from.

I bet I could pick him out maybe 90% of the time.

40 posted on 08/26/2005 5:07:07 PM PDT by yarddog
[ Post Reply | Private Reply | To 23 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-169 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson