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.
Clinton make this comment about several women.
"The courts have already dealt with it. We all lost. Click the link at post #17."
If Dudley wasn`t an ignoramus, the whole incident could have been avoided.
Does the "SF" stand for San Francisco? If so, that explains a lot about your reply.
I don't get into Salt Lake often, but my hubby thinks its a seedy part of town.
Neville? Neville Chamberlain? Is that you?
Do us all a favor and quit voting. We can't afford this sort of attitude anymore.
His radar was way off on this one. He didn't even have enough on her to make his ticket stick.
Officer Heddelsten, what is your social security number, home address and telephone number? A veterans group I know may want to come over and picket your house. Right now we haven't decided whether to put "Nazi" or Communist" on the signs. What would you suggest?
I hope she took some pictures of the cop.
Idiot? Moron? What was this guys point? Maybe he wanted to hit on her, but was to afraid to ask for her phone number.
I'm pretty sure that in Utah being a non-Mormon, non-Caucasian constitutes probable cause....
"Do us all a favor and quit voting. We can't afford this sort of attitude anymore."
What attitude is that? Making a decision based on facts and information?
I view things from both sides and then make a decision. I guess that makes me a dangerous person...( sigh )
And how do you know how I vote?
I would say your "just pull the trigger and ask questions later" is a much more dangerous attitude than mine.
I can see where this thread is going. Did you ping all your buddies yet?
I think a similiar case has already been tested in the courts...appears your "right to remain silent" begins only after you identify yourself. A believe a farmer/rancher was on his own property when a cop approached him and requested identification. The gentleman refused and was arrested. Courts upheld the arrest and subsequent conviction of the farmer.
There are areas is South Salt Lake that are known prostitution areas. I don't know if she were standing in one or not. The cops were wrong to assault her.
A9 maps with "BlockView" indicates it's a fairly nice commercial-office neighborhood. Take a look:
http://maps.a9.com/?mapMode=m&mapBvr=&ypLoc=3021+S+Main%2C+Salt+Lake+City%2C+UT&mapFrom=&mapTo=
Since when are cops better than the rest of us?
It sounds like unreasonable hassling at second reading also. the officer said he didn't suspect her of any crime. It looks to me as if he just wanted to throw his weight around or maybe he liked the way she looked and wanted to call her later. Who knows. I do know that laws that require a person to submit ID should be done away with. I think, IMO, that these types of laws are unconstitutional. If there is probably cause, yes, but otherwise don't come busting my b**ls because I won't like it, and I will refuse no matter what state I am in.
Another proof that there was nothing that was suspicious about her was that they let her go without arresting her, apparently hoping she would not file any charges. Hope she gets satisfaction. We need the USA to turn back into a free country.
So the officer came into this with probable cause, and the evidence of the skidding just added to this. Essentially, the Supreme Court saw this as a motor vehicle stop and it was governed by these rules. In this case, the officer has a right to ask for a license to drive the vehicle even when it is parked, because it is obvious and reasonable to expect that the driver would move the vehicle at some time in the immediate future.
This isn't the case for a pedestrian, who has no need to possess a drivers license and last time I checked a SSN is not allowed to be a legal ID. The officer in the photographer's case stated that he had no reason to suspect her of a crime and thus, no expectation or reason to detain or harass her on the face of it.
Now for the deeper story. Think photographer. Where is this photographer. What is she doing. Remember we are at war and people are observing potential targets. This is a valid reason for an officer to notice and request identity from an individual who is just a seeming pedestrian, and very probably one of the unstated sources of the reason the office became interested in the first place.
This is one of the prostitution areas. 3300 South and State.
They're not even that anymore. They're power-abusing, jack-booted-thug revenue agents disguised as LEO's.
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