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What's With Checking IDs at Federal Court But Not Comparing to a List?

What's With Checking IDs at Federal Court But Not Comparing to a List?

Old Jun 12, 2012, 10:05 pm
  #1  
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What's With Checking IDs at Federal Court But Not Comparing to a List?

I'm not looking for the usual answers like "because they are idiots."

I've gone to the Bankruptcy Court a number of times over the years (as an attorney.) The US Marshals at the metal detectors always ask to see ID, but never check it against a blacklist.

The obvious TSA rationale for asking for ID is that they check it against a list to make sure you are not a threat (yes, I know the list sucks.)

But, what is the possible rationale for checking ID, but not checking it against a list?
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Old Jun 12, 2012, 11:06 pm
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Originally Posted by BigFlyer
But, what is the possible rationale for checking ID, but not checking it against a list?
It's complete theater, plain and simple. The primary purpose is to make people "feel safe" and that the government is "doing something" to protect the facility. There may be a secondary purpose to condition people to showing ID/papers on demand.

Checking a blacklist can actually serve a purpose. Requiring a specific ID, e.g., a military ID, to get into a facility serves a purpose of restricting access. But *any* ID check that both does not include a blacklist and will accept any arbitrary government (or non government) photo ID is theater.

Note that the government is to some extent attempting to make possession of a valid photo ID a "privilege" that they can take away. The only reason for an ID to expire is to give the government an option to not renew it at some point in the future. Makes sense for a driver's license (you could go blind), but not for general IDs that are effectively required to travel or engage in commerce.
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Old Jun 13, 2012, 1:20 am
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In a more general sense - are people in the US required by law to have any sort of ID at all?
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Old Jun 13, 2012, 2:01 am
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Originally Posted by BigFlyer
I'm not looking for the usual answers like "because they are idiots."

I've gone to the Bankruptcy Court a number of times over the years (as an attorney.) The US Marshals at the metal detectors always ask to see ID, but never check it against a blacklist.

The obvious TSA rationale for asking for ID is that they check it against a list to make sure you are not a threat (yes, I know the list sucks.)

But, what is the possible rationale for checking ID, but not checking it against a list?
Why don't you try to get in without it once and see what happens? Just say you forgot it at home or something.
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Old Jun 13, 2012, 4:21 am
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I run into the same thing at some military bases. If they happen to be running 100% ID checks, then they ask me for an ID. Two weeks ago, I showed my passport card which would at least prove US citizenship. They didn't know what to make of it, so they asked for a drivers license (I wasn't the driver of the car). Some bases scan and capture the ID bar code which would at least keep a record of who came on base. That I understand. Most just look at the ID and hand it back to me. Proved nothing.
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Old Jun 13, 2012, 4:40 am
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Ran into this at, of all things, my wife's naturalization ceremony.

Guards were requiring everyone to show ID to enter the courthouse, but were not checking it against anything. Family members of people being naturalized were being turned away until they went and got some form of ID to show.

Ultimately, I don't think anyone who wanted to attend the ceremony didn't get in, but I can just imagine the disgusting specter of someone being barred from being able to attend a citizenship swearing-in ceremony over something like this.
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Old Jun 13, 2012, 5:14 am
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Originally Posted by WilcoRoger
In a more general sense - are people in the US required by law to have any sort of ID at all?
No. And any requirement that people can only enter some location if they have ID is a prima facia violation of the Civil Rights Act of 1964 because studies have shown that twice as many blacks don't have ID as whites, so the effect of such a rule disproportionately discriminates against blacks.
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Old Jun 13, 2012, 5:34 am
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Originally Posted by RichardKenner
No. And any requirement that people can only enter some location if they have ID is a prima facia violation of the Civil Rights Act of 1964 because studies have shown that twice as many blacks don't have ID as whites, so the effect of such a rule disproportionately discriminates against blacks.
This could lead to some interesting interpretation... along the lines of "to be able to use air transportation/entering a public building/etc one should be in posession of and produce a document (ID) that one is not required to have"
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Old Jun 13, 2012, 6:17 am
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In many parts of the country, it's common for private building security to require ID as well. But, as with almost all Federal (and state facilities), the security / law enforcement don't check the name against anything in particular.

While I don't subscribe to it, there is a theory that people who have identified themselves are less likely to do bad things than people who have not.

At some Federal facilities it can be worse than TSA checkpoints at airports because there's no backup plan if you don't have ID with you. In other words, no ID = no entry. Period.
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Old Jun 13, 2012, 8:18 am
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Originally Posted by BigFlyer
The obvious TSA rationale for asking for ID is that they check it against a list to make sure you are not a threat (yes, I know the list sucks.)
Not so obvious.

The TSA does not check passengers' names against any list; that is done at check-in by the airline. All the TSA does is verify() that the ID and BP match; decide for yourselves how that charade "enhances" security.
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Old Jun 13, 2012, 9:56 am
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Originally Posted by Often1
In other words, no ID = no entry. Period.
I can see the future.

“To enter this courthouse you must have an ID. Persons without IDs can apply for one at the ID Office, located on the third floor inside this courthouse.”
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Old Jun 13, 2012, 12:46 pm
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Wonder what happens if a person gets summoned as a potential juror and shows up at the courthouse without ID?
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Old Jun 13, 2012, 1:09 pm
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Originally Posted by CAAC
Wonder what happens if a person gets summoned as a potential juror and shows up at the courthouse without ID?
Considering that many (most?) juror rosters get compiled from public records like driver's license registrations, it's almost a self-fulfilling prophecy that jurors will have IDs and be expected to produce them.

But this is purely speculative on my part.
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Old Jun 13, 2012, 8:24 pm
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I think it is just to get people used to a 'papers please' society. Perhaps I am too jaded.
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Old Jun 13, 2012, 11:19 pm
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Reminds me of the pointless ID checks when entering NRT airport as well.
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