Police Begin Fingerprinting on Traffic Stops

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Though Shovelhead already put the lie to this discussion …

As Coronach posted, there are four choices and there must be a yes answer to one of them:
1) Should the police fingerprint you as a matter of routine if you get stopped in your car?
2) Should they take you to jail if you forget your DL?
3) Should they just stop enforcing traffic laws altogether?
4) Should they just accept that they will sometimes give innocent people a ride to jail and be happy with it?

My answers …

  1. No. They shouldn’t even be stopping me except for egregiously unsafe driving.
  2. No. I shouldn’t even be required to have a license to drive a car.
  3. Yes, all but the most egregious safety violations—so this answer is still technically a “no.â€
  4. No. We covered this in the Fourth Amendment.

~G. Fink
 
No. I shouldn’t even be required to have a license to drive a car.
I completely disagree. Your competency, or lack thereof, to operate a motor vehicle directly impacts the safety of others. Furthermore (before you attempt to make some inane corollary to firearms), you have AFAIK no constitutionally guaranteed right to drive.
 
Thank you Law Dog, Coronach, Archie and others for clearing this up.

When I first clicked on the story, I had huge problems with this.

I still don't like the concept, but I can agree that it is probably a good way of dealing with the situation.

So in practice, this has a better chance of clearing someones name than getting someone convicted.

I.G.B.
 
you have AFAIK no constitutionally guaranteed right to drive.
That may be true... however, we do have a right to move about freely using the modern "conveyances" of the day. Here's a link that says it better than I can, that was sent to me by a moderator here.

IMO, drifting off topic into the right to drive/requirements of obtaining a DL and whatnot might be better moved to a Roundtable discussion.

*** edited to say that I want to thank Law Dog and Coronach et al for their thoughtful and insightful responses.
 
Though Shovelhead already put the lie to this discussion …
I apparently missed this. Care to point it out to me?
As Coronach posted, there are four choices and there must be a yes answer to one of them:
1) Should the police fingerprint you as a matter of routine if you get stopped in your car?
2) Should they take you to jail if you forget your DL?
3) Should they just stop enforcing traffic laws altogether?
4) Should they just accept that they will sometimes give innocent people a ride to jail and be happy with it?
My answers …

No. They shouldn’t even be stopping me except for egregiously unsafe driving.
No. I shouldn’t even be required to have a license to drive a car.
Yes, all but the most egregious safety violations—so this answer is still technically a “no.â€
No. We covered this in the Fourth Amendment.
All but the most egregious violations? Do you get a ride to jail for these? If no, you're cheating. If yes, OK. Fair enough. The instant you convince your state legislature of this, we can move on to utopia. ;)

As an aside, I'll disagree with the idea that traffic laws are bad and driver's liscensing is wrong, but that's a whole other topic. Let's not hijack the thread.

Mike
 
I completely disagree. Your competency, or lack thereof, to operate a motor vehicle directly impacts the safety of others. Furthermore (before you attempt to make some inane corollary to firearms), you have AFAIK no constitutionally guaranteed right to drive.

Discounting the Ninth Amendment, I don’t have a Constitutional right to travel at all or to own a computer or even to breathe. Should a license or permit be required for these activities?

My skill behind the wheel certainly affects the safety of my fellow drivers, and I would no more advocate the untrained use of automobiles than I would of firearms. However, people drive “illegally†and own guns “illegally†all the time, so my safety is not enhanced by requiring responsible citizens to have a license or permit for either. Laws only apply to the law-abiding.

~G. Fink
 
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If they want my fingerprint they can arrest me. F that.

Sometimes I am glad I live in Miami where unless you are on fire or shooting out of your car window local LE leaves you alone.

It IS a slippery slope. 1st it's fingerprints, then searches, then stops for ID w/out probable cause, then "safety checks" for your home, it's about power and control.

Why do cops dress up like halloween soldier commandos now?
 
http://www.greenbaypressgazette.com/news/archive/local_19395057.shtml

Practice ends for city traffic violations
By Jose de Jesus
[email protected]

Public outcry has forced the Green Bay Police Department to get rid of a policy that had officers seeking a fingerprint from traffic violators.

And the news media is to blame for the outcry that led to the decision to scrap the policy, said Police Chief Craig Van Schyndle.

“The news media blew it out of proportion,†he said Tuesday evening.

Van Schyndle said his department began getting dozens of calls and e-mail from people opposed to the voluntary practice that was aimed at reducing the number of identity-theft crimes.

“But of course, they were listening to the news media … how horrendous this was,†he said.

Many people busted for minor offenses have been giving false names, and fingerprinting could’ve helped prevent the innocent from being held accountable for someone else’s crime, Van Schyndle said.

“Something that we tried to do to assist the victims and protect the public was changed to a Big Brother … that we were keeping a database on these fingerprints,†Van Schyndle said.

Officials said the policy would have prevented about a half-dozen people a year from being wrongly jailed because of the increase in people using false names and fake identification.

James Plummer, director of the National Consumer Coalition’s Privacy Group, said that police didn’t provide enough justification for collecting a fingerprint from people who aren’t committing serious crimes.

“Isn’t there another way they can work around it rather than just gathering more files?†Plummer said.

The change in policy only applies to traffic violations. Police officers still plan to collect fingerprints from those who violate city ordinances such as retail theft and disorderly conduct, Van Schyndle said.

In addition, Van Schyndle said officers will continue to take fingerprints from people who don’t have a driver’s license during traffic stops.

“Our whole concern is to serve the public in a better way,†he said.

At least those six people per year will have the comfort of knowing their civil rights are intact as they sit on the floor next to the vomiting drunk until they get to court. Hope it's not a weekend.

LawDog
 
I would ask : Shouldn't citizens require rent from government employees for use of public property or office space. I pay for parking spaces I already paid for. The cost of rent for public employees that get FREE parking and office space when other PRIVATE employees don't should be rectified. The public servants should be shown their place in a fair, balanced and powerfully enforced manner!
 
Ahem.
I completely disagree. Your competency, or lack thereof, to operate a motor vehicle directly impacts the safety of others. Furthermore (before you attempt to make some inane corollary to firearms), you have AFAIK no constitutionally guaranteed right to drive.
Discounting the Ninth Amendment, I don’t have a Constitutional right to travel at all or to own a computer or even to breathe. Should a license or permit be required for these activities?

My skill behind the wheel certainly affects the safety of my fellow drivers, and I would no more advocate the untrained use of automobiles than I would of firearms. However, people drive “illegally†and own guns “illegally†all the time, so my safety is not enhanced by requiring responsible citizens to have a license or permit for either. Laws only apply to the law-abiding.

~G. Fink
Which part of
As an aside, I'll disagree with the idea that traffic laws are bad and driver's liscensing is wrong, but that's a whole other topic. Let's not hijack the thread.
was less than clear? :scrutiny:

I'll also note that this relevant question
All but the most egregious violations? Do you get a ride to jail for these? If no, you're cheating. If yes, OK. Fair enough.
went unanswered in the rush to play Thread Pirates of the Caribbean.

Mike
 
"At least those six people per year will have the comfort of knowing their civil rights are intact as they sit on the floor next to the vomiting drunk until they get to court. Hope it's not a weekend."

They would have anyway, because until they're brought in and fingerprints taken, the fingerprint on the citation doesn't help prove that a false identity was given.

Without the fingerprint, I guess the person brought in for never paying a traffic citation is left with saying that it's not their signature on the citation and it wasn't their car that was pulled over.
 
I have certainly read this thread with interest but I am confused about the whole thing of giving the wrong name when stopped. I have this thing on my car called a license plate. I assume when I am stopped that my plate is run through the system. The information returned should match my driver's license information as I am not in the habit of driving someone else's car. Maybe this approach of matching a person with the car should be implemented first before asking for my fingerprint.

Jerry
 
flatrock, the print is taken on the road, not at the station, as I understand all this.

So, there's a fingerprint on the citation or warrant, available via the copcar's computer, I guess. You get printed at the scene. If the prints match, you're The One. If not, you're not.

We're now running some 60,000 incidents of identity theft per year in this country. Wrongful ID as to criminal status of honest folks whose IDs have been stolen is already a serious problem. There are two cases in Houston which have made the news that in spite of a District Court Judge letter saying, "This John J. Doe isn't the criminal John J. Doe," the good-guy Doe still has problems...

Art
 
They would have anyway, because until they're brought in and fingerprints taken, the fingerprint on the citation doesn't help prove that a false identity was given.
Actually, Art, he has a point. I doubt highly that the prints confirming the warrant would be taken at the scene. Those would like be taken/run during booking. However, compare/contrast the following processes:

Hypothetical New System, With Prints

1. Traffic Stop.
2. Warrant Check
3. Arrest
4. Booking
5. Holy Crap! You're the Wrong Guy!
6. Release

Business as Usual, No Prints

1. Traffic Stop.
2. Warrant Check
3. Arrest
4. Booking
5. Make Phone Call, Tell Wife to Obtain Legal Counsel
6. Spend Night in Jail (or, if it's a Friday, the whole weekend)
7. Arraignment
8. Post Bond
9. Release, on Bond
10. Trial
11. Holy Crap! You're the Wrong Guy! (you hope its this easy)
12. Release
13. Pay Lawyer

Hmmm. Which would I choose? Decisions, decisions...

Mike ;)
 
Coronach, the debate on the utility of voluntary fingerprinting is over. Shovelhead killed the pro-printing argument, and stringj just buried it.

In that respect, discussing the underlying reasons for minor traffic stops seemed very relevant. If the police weren’t stopping so many drivers unnecessarily, the identities of said drivers would be a non-issue. If you want to keep innocent people out of jail, then don’t stop them for bogus reasons.

Is that so difficult to understand?

~G. Fink
 
Your definition of bogus and everyone else's definition of bogus are two different things. The relative merits of these differing points of view may be discussed, elsewhere.

The fact remains that we do not live in the United States of Gordon Fink, we live in the United States of America, which has its own legal traditions and precedents, right or wrong. Among them is the idea that the police enforce traffic laws. So, for the purposes of this debate, here we are.


As to the debate being "buried"...
I have certainly read this thread with interest but I am confused about the whole thing of giving the wrong name when stopped. I have this thing on my car called a license plate. I assume when I am stopped that my plate is run through the system. The information returned should match my driver's license information as I am not in the habit of driving someone else's car. Maybe this approach of matching a person with the car should be implemented first before asking for my fingerprint.
I am aware of no legal requirement, anywhere, to only drive your own, registered vehicle. Fully 1/3rd of the people I pull over are driving a vehicle registered to someone other than themselves. Are you suggesting that if I pull someone over and the DL and car registration do not match, I should take them to jail rather than issuing a citation? If so, that's amazingly draconian. If not, you are, once again, opening the door for the possibility of someone providing false ID and not only evading justice for themself (with which I could live), but also for getting someone else arrested later in their place.

Also, as most of the critters providing false ID actually know the person whose ID they are providing, the most elegant way to avoid police scrutiny is to provide the name of the actual owner of the vehicle. So the next time Jimbo borrows your car, he might "forget" his ID when he gets pulled over, and provide yours. This happens, quite literally, every day.

As I've said before, I'm fully on board with debating the relative merits of fingerprinting versus not fingerprinting and the potential problems and pitfalls of each. What I will not allow to go unanswered is ignorant anti-government libertarian hokum (as opposed to informed libertarian points of view) in which the poster, in effect, jams his fingers in his ears so far his brain gets bruised and chants "LA LA LA LA LA LA LA THE STATE IS INVENTING A PROBLEM LA LA LA LA LA LA LA LA AN INNOCENT MAN GOING TO JAIL? THAT'S UNPOSSIBLE! LA LA LA LA LA LA LA LA POLICE STATE BLEEERGH!" :rolleyes:

Mike
 
I feel very strange, as a card-carrying libertarian, to be sad that they shelved this particular idea - perhaps because I'm actually more paranoid about government power used against me as a result of identity theft than as a result of government powermongering. However, the silver lining is that a public outcry forced a law enforcement agency to stop a practice seen by the public as an infringement of civil liberties.
 
Coronach said :
I am aware of no legal requirement, anywhere, to only drive your own, registered vehicle. Fully 1/3rd of the people I pull over are driving a vehicle registered to someone other than themselves. Are you suggesting that if I pull someone over and the DL and car registration do not match, I should take them to jail rather than issuing a citation? If so, that's amazingly draconian. If not, you are, once again, opening the door for the possibility of someone providing false ID and not only evading justice for themself (with which I could live), but also for getting someone else arrested later in their place.

Also, as most of the critters providing false ID actually know the person whose ID they are providing, the most elegant way to avoid police scrutiny is to provide the name of the actual owner of the vehicle. So the next time Jimbo borrows your car, he might "forget" his ID when he gets pulled over, and provide yours. This happens, quite literally, every day.

I can't respond to any of that, as I am not in your line of work. However, I don't associate with people who would claim to be me nor do I loan my car or borrow someone else's car. Therefore, if I am pulled over for a minor traffic violation, the officer could ask a few questions at that time to better ascertain if I am who I say I am, rather than asking for me to submit my fingerprint.

My fingerprints are on file at both the state and federal level, so being finger printed is not a new experience. It is only the principle of being printed for a minor traffic violation that I have a problem with. I can’t come up with a bunch of examples as I don’t have a criminal’s mindset nor do I have to be around them as you do (for which I am grateful).

One thing I am certain of, I will not go home today without stopping first and purchasing a shredder. That is the best advice I have heard this week. Thank you LawDog for that suggestion.

Jerry
 
Shredders are your friend. I shred everything that has my name on it and most
anything else that has any kind of id info on it. Burn some of the bigger thicker
sets of papers. Get a crosscut or chipper kind, not just a strip cut. Get
heavy duty so you can feed it faster.

I have worn out four in the past six years. The best was a Fellows CIA model
that cost close to $200. Couldn't find that model again so now using a much
cheaper version.

They are probably your cheapest insurance.

allan
 
I kinda like the idea. Photo/fingerprint for all criminal charges, including traffic stops. Why?

Just like what was said: If you're not arresting them, it can prevent charging the wrong person. Sure, they need to make the licenses/ID harder to counterfeit, but still.

There's two sides to the freedom thing. As long as they're simply using it to verify identity if/when you go to court, that's one thing.

Oh, and people, from what I've seen, they have the option that if you refuse of taking you down to the station. That'd be a consequence.

Of course, I have a TS clearance in the AF, and a CCW. So they have my retinal prints, fingerprints, and DNA. So I don't have anything to lose.

I've had a couple brushes with mistaken identity, as has my mother. I'm all for an increase in the amount of individual verification. This might also increase in the requirement for conviction.

Think about it. Back in the 1700's, if they arrested somebody for a crime, the available evidence wasn't very much. "Beyond a reasonable doubt" is a far tougher standard today than it was two hundred years ago.
 
Well, in California, if you get stopped without license, registration, or proof of insurance, your car can be impounded. We are all printed when we apply for the license, so the argument is moot here. I am very leery of driving a car not registered to me.

Happy fishing!

~G. Fink, slipping on down the slope
 
I can't respond to any of that, as I am not in your line of work. However, I don't associate with people who would claim to be me nor do I loan my car or borrow someone else's car. Therefore, if I am pulled over for a minor traffic violation, the officer could ask a few questions at that time to better ascertain if I am who I say I am, rather than asking for me to submit my fingerprint.
Well, some people do associate with those sorts, and while one can easily say (believe me, cops often say) that laying down with dogs will give you fleas, it is a whole other kettle o fish when laying down with dogs gets you dropkicked into the lost land of pre-arraignment detention. Also, many a good person is startled to learn that some of his friends and associates are less savory than they seem, or that their old bud from high school has developed an Oxycontin habit and is juuuuuuuuuuust about to stumble over the line that seperates a functional addict from a dysfunctional one.

My point is that, in a general sense, you never know who might end up trying to jam you up. It could be the perp who got your 411 from the dump. It could be your erstwhile friend (or, more likely, your friend's friend). This makes a requirement for absolute certainty of who is who rather important.
It is only the principle of being printed for a minor traffic violation that I have a problem with.
Frankly? So do I. Have we come this far? Regretfully, it seems that we have.

Firethorn:
Think about it. Back in the 1700's, if they arrested somebody for a crime, the available evidence wasn't very much. "Beyond a reasonable doubt" is a far tougher standard today than it was two hundred years ago.
That's utterly a good thing. This, actually, is an outgrowth of the public's demand for certainty in such things as curtailing one's liberty. I find it ironic that a department is going above and beyond the call (possibly too far above and beyond the call, I will allow) to make sure that the people they are dragging off to jail are the right people, and is running afoul of the civil libertarians. They would have been better off, PR-wise, just taking a dozen innocent people to jail each year, as sad as that sounds.

Gordon Fink:

Well, in California, if you get stopped without license, registration, or proof of insurance, your car can be impounded.
Ponder, for a moment, the difference between a car being possibly impounded (but the driver being free), and a man being taken to jail (and his vehicle definately being impounded).
We are all printed when we apply for the license, so the argument is moot here.
Uh. Explain to me how this makes the point moot. I am beginning to think that you are soldiering on under some extraordinarily wrong assumptions, or are simply not reading what is written. Allow me to attempt to disabuse you of these misconceptions, one last time.

You, Gordon Fink, lose your identity in some manner. It matters not how. Someone you know has decided to impersonate you, or your computer was hacked, or someone at a company with which you have business has lifted your 411 and sold it to someone else. Regardless, despite all of your precautions, your 411 has fallen into the hands of Joe Scumbag.

Joe Scumbag has gotten pulled over, and feigns not having his license. "However, officer, I can give you all of my info. My name is Gordon Fink, I live at 987 The High Road, Someplace California. My SSN is 123-45-6789." The police officer tries to trip up Joe Scumbag, using all of the questions and ideas that Stringj can imagine (and a dozen more), but Joe Scumbag has been doing this for a long time. He's good at it. He might be driving his own vehicle, or he could be driving someone else's...it doesn't matter, as the law does not bar you from driving someone else's car. So, the officer issues a ticket to Mr. Gordon Fink. There is no silly, police state talk of fingerprints. This is America! Let the jack booted thugs and socialist intellectual parasites run amok in Europe, we're better than that. So, Joe Scumbag takes his ticket for Gordon Fink, shoves it in his pocket, sincerely wishes the officer a good day, and drives off into the sunset.

Fast forward a few weeks. Gordon Fink has failed to appear for his trial. Bench warrant issued.

Fast forward a few more weeks. Lawdog spots Gordon Fink (the real Gordon Fink) driving with his muffler dragging on the ground. Lawdog stops him, discovers that there is a warrant for his arrest, and takes him into custody. Subsequent fingerprint checks reveal that, yup, the Gordon Fink in Lawdog's cuffs is, in fact, the same Gordon Fink that applied for his CA driver's license a few years back. Off to the pokey with you, sirrah.

So. Now. How did having your prints on file with the BMV in the first place make this argument moot? The issue is not whether you are printed before or after the incident...the issue is whether or not the actual person accused of the traffic offense is printed, at the time of the stop. Does this help clear things up? We can debate the propriety of doing this all day long (I'm torn, myself), but your responses indicate that you do not fully understand the basic facts of the issue.

Mike
 
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