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Old 06-29-2005, 03:03 AM   #1
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CA Police

A while back ago (more than a year) me and a couple of friends got out of a club at around 2 am. There is a Denny's next door, but we decided to wait around and rest so we don't throw up in the restaurant. I was sober that night, 2 of us really drunk, and 2 more is somewhat sober. About 10 minutes later, a cop came by and started asking us questions. Since all of us are Asians and have tattoos. He immediatedly questioned us about our gang affliations, asked for our social security #s, asked where we worked, where we went to school, our addresses, etc.... At first, I refused to give up my SS #, but he said that I HAVE TO. Reluctantly I gave it up. At this point, he is taking notes furiously into a little booklet. He also took all of our fingerprints. He said that they'll keep tabs on us for the next 3 years in case we do something. He told us to lift our shirts to check for more tattoos and he's basically documenting us. We sat there for more than an hour while all this is going on. Two guys ended up spending the night in jail for public drunkeness. I ended up eating breakfast in Denny's and didn't come home till around 5 am. Tell me what you think of this story, and do cops have the power to profile and document us like this? Do they have the right to search our body for tattoos without our permission? What about taking our fingerprints?
All this happened in Hunginton Beach btw.
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Old 06-29-2005, 03:19 AM   #2
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i dont care who you are, aint no one getting my SS#, they are gonna have to bring me down to the station before i even consider that shit.

as for the rest of that stuff, i dont think any of that is legitimate. i could be wrong but unless you were suspected or convicted of a crime, they cant document you like that. you should definatly call the station or some other government authority, maybe even a lawyer, and find out if there are laws pertaining to your situation.

hope that helps a little. im no expert by any means but that sounds a little rediculas to me.
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Old 06-29-2005, 03:23 AM   #3
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I don't think that's legal, I mean, documenting you? WTF is he the FBI? Only in the name of the Patriot Act does that seem legal. LOL.
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Old 06-29-2005, 04:11 AM   #4
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get a lawyer and get the officiers fired for that. You are never forced to give out your social security number unless its ok with you even if they are the police. they were not allowed to search you by any means cuz u didnt do anything wrong, mayb loitering but still. Unless they have a valid reason, they cant search you like that. but since it was a while ago i think u cant do much now, but try to do something about it. for all u kno, they couldve used ur SSN or sold it to someone with all ur info. (dont quote me on this but isnt it against the law or written somewhere about you having the right to not give out ur SSN unless its ok with you or for a job or something like that?)
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Old 06-29-2005, 04:30 AM   #5
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You never need to talk to a cop, just walk away. When you start talking to one, your legally not allowed to end the conversation (something like that) so dont talk. However, the police are allowed to ask routine booking questions such as your name, address, date of birth, and social security number in order to establish your identity, without reading you the Miranda warning. You can also be given a breathalizer test without the warning. Of course, you always have the right to refuse to answer any questions. Like they say "you have the right to remain silent".

Yet now when a police officer suspecting you of a crime stops you in the street and asks your name, you can be prosecuted for refusing to answer. Supreme Court handed down a decision in the case of Hiibel v. Sixth Judicial District Court of Nevada just about a year ago (June 21). Yet its not a federal law but im not sure how it is in cali. Which means if theres no law in cali which i dont feel like checkin right now and kinda doubt there is you dont have to give them your name.

Basically the Hiibel case only applies when a person is detained due to a reasonable suspicion of criminal activity. If no such reasonable suspicion exists, the person is not required to provide his or her name. Which in your case it there isnt any reasonable suspicion of a criminal activity except that you guys were drinking which kinda changes things a bit.
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Old 06-29-2005, 12:05 PM   #6
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^ for a guy getting pink for saying weed, hes pretty smart.... racial profiling...... ive seen cops do that type of shit since i was 9 years old.. its fucked up and hasnt been done to me yet....
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Old 06-29-2005, 05:49 PM   #7
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is that hiibel case the one with the father and shit at the traffic stop where the cop got all angsty?

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Old 06-29-2005, 06:35 PM   #8
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Yeah I think that's bull shit.
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