Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Posted: 8/2/2009 1:39:27 AM EST
home telephone number and place of employment, in the course of a standard traffic stop?

Reason I'm asking is because a couple of weeks ago, I was pulled over for "suspicion of driving with an open container", which just so happened to be a bottle of water. I can kinda understand her reasoning behind this, as it was a glass bottle with a paper baggie around it. I know that beer bottles are often sold with paper "DPS wraps", but I requested and received one for the same reason everyone else does...in the absence of a koozie, the paper bag will keep the bottle a bit better insulated than nothing at all. When it's 97F in Southeast Texas, every little bit helps!

Regardless, it was immediately apparent to all parties that I wasn't drinking a beer as soon as the officer arrived, and yet my paperwork was still checked (in violation of the law, I might add...would have been legal if she had checked them prior to asking me about the bottle, but didn't). As soon as my license and insurance came back clear, I was asked the standard questions. "Do you still live at this address?" Yup. "Why are you using a temporary insurance card?" Because I've owned the Jeep for less than two weeks, and my permanent stuff hasn't arrived yet.

Then came the real kicker. Ever since the VA sent me a letter regarding my personal information being on a laptop computer that was stolen, leaving me at risk for "identity theft", I've been very nervous about handing out any personal information other than what was absolutely necessary...and as a result, I don't give up information without a good reason to.

The officer asked me if I had a landline telephone at home, and got very agitated when I told her "Yes"...because I refused to tell her what the number was, without knowing what it would be used for. Same with information regarding my place of employment. Keep in mind that this is taking place AFTER it was readily apparent to all parties that no crime had taken place, and AFTER my license and insurance had come back clear. Upon my refusal to relinquish such information without a good reason for doing so, I was told that I could "wait here so the corporal can come down, and he can tell you why I need to know these things." It became very clear that I was not merely being asked to wait, as I stepped outside of my vehicle to have a cigarette and was ordered back into my vehicle over the PA system...it was a detention that had turned into what SCOTUS refers to as a "de facto arrest", as the detention had lasted far beyond what was necessary to ascertain that no crime had been committed. Apparently the corporal didn't think it was that important either, since he never bothered to show up. Eventually I was given my driver's license back, and told to have a nice day.

So anyhow, do any of you guys' departments have an official policy of asking random questions for some database of personal information?
Link Posted: 8/2/2009 1:52:12 AM EST
No policy about it where I work, other than once it is apparent that no crime has been committed, the stop ends. Was there any other reason for your stop? (traffic violation or the like) Also, is your information current on your license plates, vehicle, and drivers license? If no other traffic violations occurred and you have everything current and correct, then I would say there is an issue and I would contact an attorney.
Link Posted: 8/2/2009 2:12:32 AM EST
Maybe she was just hot for your bod.
Link Posted: 8/2/2009 2:12:41 AM EST
Originally Posted By KaseyK:
No policy about it where I work, other than once it is apparent that no crime has been committed, the stop ends. Was there any other reason for your stop? (traffic violation or the like) Also, is your information current on your license plates, vehicle, and drivers license? If no other traffic violations occurred and you have everything current and correct, then I would say there is an issue and I would contact an attorney.

No other reason for the stop, other than to ensure that I wasn't becoming a "danger to society" by drinking a cold beer on the way home from work.

I haven't contacted an attorney yet, and don't plan to, because I do live and work in this area. Interestingly enough, because of the layout of this county, I neither live nor work in the jurisdiction this took place in...I just have to drive through about two miles of it on my way to and from work.

I haven't completely ruled out the possibility of legal action, though that depends on the outcome of the meeting we'll be having later this week. It's been my experience that one shouldn't rock the boat unless he's prepared to sink it. I'll keep you posted on that front...

I was just curious as to whether any other locales have a policy of asking for personal information such as place of employment and home telephone number...and if so, why?
Link Posted: 8/2/2009 2:13:31 AM EST
Originally Posted By nugun55:
Maybe she was just hot for your bod.


That cheese had been old and moldy since back when she worked security at my high school...
Link Posted: 8/3/2009 7:56:33 PM EST
I would agree that after the Officer determined that you were drinking water and your paperwork was in order, that should have been the end of the stop. Maybe she was a rookie and thought she was doing her job. Maybe she checked with the CPL and discovered that the stop was over. An honest mistake or procedural error made by a police officer, unless it shocks the conscious, is probably not going to be grounds for a lawsuit. A complaint to her supervisor / department will go farther in correcting her behavior.

Link Posted: 8/4/2009 2:08:37 AM EST
Maybe your identity theft aspect played into her determining if that is who you really are.......
Top Top