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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
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To: yarddog

"Why don't you make me pick out the one illegal from a group of 10 from Iceland./sarcasm."

Good luck finding the 10 Icelandic illegals! The last estimate I saw said there were only 3. LOL - Maybe they over stayed on their visas when the airline had a strike./sarcasm.


161 posted on 08/27/2005 7:43:43 PM PDT by GoodWithBarbarians JustForKaos (I've been tortured by a voice on the news for 21 days now! - C$%& S&)#)
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To: EGPWS

You'll notice that the charge was naught but a CATCHALL, not a specific charge of giving false info. However, it should NEVER be a crime to lie to a cop or a politician. Since lies are their stock-in-trade, turnabout surely IS fair play.

In this case, there is no evidence that she lied to them; only that she REFUSED his obviously unlawful request.


162 posted on 08/27/2005 9:29:00 PM PDT by dcwusmc ("The most dangerous man, to any government, is the man who is able to think things out for himself.)
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To: WillMalven

I am sure that most of the attitude is indeed a reflection, but I think a lot of officers get so much negativity that they end up with a bad habit of "copping a 'tude" because they expect to be on the receiving end of one.


163 posted on 08/27/2005 9:34:06 PM PDT by Valpal1 (Crush jihadists, drive collaborators before you, hear the lamentations of their media. Allahu FUBAR!)
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To: WillMalven
Did you ever notice how folks around here start arguing like liberals when they run out of logic?

LOL. Thanks for the support. Here is one you did not mention, post #63, maybe you did not see this one, which was one of the first:

Does the "SF" stand for San Francisco? If so, that explains a lot about your reply.

164 posted on 08/28/2005 8:44:13 AM PDT by Michael.SF. ('That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
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To: yarddog; All
To all of those who make a comparison of this incident to Nazi Germany, consider the actions and consequences:

Salt Lake City 2005

Action - Woman refuses to show her papers. Arrest follows. No charges.

Consequences - Woman files lawsuit, possibly winning thousands of dollars. Officer possibly suspended or fired. Pension threatened.

Berlin 1941

Action - Woman refuses to show papers and is arrested.

Consequences - Officer Commendated, his brother-in-law, Siegfried, is transferred from Russian front to Munich.

Consequences - Woman - Dachau, or Treblinka or Bergen-Belsen or....

165 posted on 08/28/2005 8:57:43 AM PDT by Michael.SF. ('That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
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To: WillMalven
"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."

Those two posts were mine. It is accepted protocol here on Free Republic, and general mannerly behavior overall, for a poster quoting or paraphrasing another poster to address comments to them as well.

I accept your apology.

166 posted on 08/28/2005 2:56:35 PM PDT by elkfersupper
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To: elkfersupper

Generally when I read arguments of that "quality" I don't consider the author worthy of reply.

No apology given.


167 posted on 08/28/2005 7:46:53 PM PDT by WillMalven (It don't matter where you are when "the bomb" goes off, as long as you can say "What was that?")
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To: WillMalven; Michael.SF.; RightOnline
Well, alrighty then.

Refresher course: This is Free Republic.

The badgelicker forum is over here:

officer.com

168 posted on 08/30/2005 5:31:08 PM PDT by elkfersupper
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To: All

Please look at tomorrows Salt Lake City Weekly-

may be another follow- up story on this artist.


169 posted on 08/30/2005 5:41:19 PM PDT by photofreezer (THE LAST BUT NOT FINAL WORD)
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